OF  CALIFORNIA 
S  ANGELES 


'L^- 


y^' 


CHARTER 


OF   THE 


City  of  Rochester 


CHAPTER  755  OF  THE  LAWS  OF  1907 


Drafted  By 
BENJA-MIX  B.  CUNNINGHAM 

Assistant  Corporation'  Counsel 

UNDER      THE     SUPERViSION     OF     MAYOR     JaMES      G. 

Cutler  and  corporation  counsel  W.  W.  Webb 


1908 


ROCHESTER,    N.   T.: 
JOHN    P.    SMITH    PRINTING   COMPANY 

1907 


AS 


TABLE  OF  CONTENTS 
1  S  i  G  .  >  7 

ARTICLE.  '    < 

"I.  General  Provisions I 

II.  Officers 29 

III.  Mayor 36 

IV.  Board  of  estimate  and  Apportionment 38 

V.  Common  Council 42 

VI.  Department  of  Finance 65 

VII.  Department  of  Assessment  and  Taxation 80 

VIII.  Board  of  Contract  and  Supply   94 

IX.  Department  of  Public  AA  orks 101 

X.  Department  of  engineering 109 

XI.  Department  of  Parks 110 

XII.  Department  of  public  Safety 112 

XIII.  Department  of  Charities 131 

XIV.  Department  of  Public  Instruction 132 

XV.  Depart.ment  of  Law 145 

XVI.  Police  Court 160 

XVII.  Municipal  Court 166 

XVIII.  Mount  Hope  Commission 183 

XIX.  Market  Commission 187 

XX.  Board  of  Midwife  Examiners 188 

XXI.  Board  of  Examiners  of  Stationary  Engineers 189 

XXII.  Municipal  Civil  Service  Commission 190 

XXIII.  Supervisors 190 

XXIV.  Miscellaneous  Provisions 190 


21 


Go  /3 


CHARTER  OF  THE  CITY  OF  ROCHESTER. 


Chap.  755. 

'     AjST  act  constituting  the  charter  of  the  city  of  Rochester. 

Became  a  law,  July  26,   1907,  with  the  approval  of  the  Governor.     Passed, 
three-fifths  being  present. 

Accepted  by   the   city. 

Tlie  People  of  the  State  of  New  Yorh,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

ARTICLE  I. 

Gbnekal  Provisions. 

Section.  1.  Corporate  capacity  and  name. 

2.  Corporate  powers. 

3.  Boundaries  and  wards. 

Section  1.  Corporate  capacity  and  name. —  The  citizens  of  the 
state  of  New  York  from  time  to  time  inhabitants  of  the  territory 
known  as  the  city  of  Rochester,  are  continued  a  municipal  cor- 
poration in  perpetuity  under  the  name  of  "  The  City  of  Rochester." 

§  2.  Corporate  powers —  The  city  has  power  to  receive  by  gift, 
grant,  devise,  bequest,  purchase,  or  condemnation  proceedings, 
and  to  hold  and  convey  such  personal  estate  and  such  real  estate 
within  or  without  the  limits  of  the  city  as  the  purposes  of  the 
corporation  may  require;  to  contract  and  be  contracted  with;  to 
sue  and  defend,  and  to  be  sued  in  any  court;  to  make,  have,  use 
and  alter  at  pleasure  a  common  seal;  to  have  and  exercise  all 
other  rights  and  privileges  conferred  upon  it  by  law  or  necessary 
to  carry  out  its  corporate  functions  and  duties. 


§  3.  Boundaries  and  wards. —  The  city  comprises  the  territory 
included  in  the  following  wards,  into  which  it  is  divided: 

1.  First  ward All  that  part  of  the  said  city  included  within 

a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river  at 
its  intersection  with  the  center  of  the  Erie  canal ;  thence  westerly 
along  the  said  center  of  the  Erie  canal  to  the  intersection  with 
the  center  of  Allen  street;  thence  easterly  along  the  said  center  of 
Allen  street  to  the  intersection  with  the  center  of  State  street; 
thence  southerly  along  the  said  center  of  State  street  to  the  inter- 
section with  the  center  of  Andrews  street  extended  westerly ;  thence 
easterly  along  the  said  center  of  Andrews  street  to  the  intersection 
with  the  center  of  the  Genesee  river;  thence  southerly  along  the 
said  center  of  the  Genesee  river,  to  the  place  of  beginning,  con- 
stitutes tbe  first  ward. 

2.  Second  ward. —  All  that  part  of  the  said  city  included  within 
a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river  at 
its  intersection  witb  the  center  of  Andrews  street;  thence  west- 
erly along  the  said  center  of  Andrews  street  to  the  intersection 
with  the  center  of  State  street;  thence  northerly  along  the  said 
center  of  State  street  to  the  intersection  with  the  center  of  Allen 
street  extended  easterly;  thence  westerly  along  the  said  center  of 
Allen  street  to  the  intersection  wdth  the  center  of  the  Erie  canal ; 
thence  northerly  along  the  said  center  of  the  Erie  canal  to  the 
intersection  with  the  center  of  Jay  street;  thence  easterly  along 
the  said  center  of  Jay  street  and  said  center  produced  easterly,  to 
the  intersection  with  the  center  of  the  Genesee  river;  thence 
southerly  along  the  said  center  of  the  Genesee  river  to  the  place 
of  beginning,  constitutes  the  second  ward. 

3.  Third  ward. —  All  that  part  of  the  said  city  included  within 
a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river  at 
its  intersection  with  the  center  of  the  Erie  canal;  thence  south- 
erly along  the  said  center  of  the  Genesee  river  to  a  point  where 
it  intersects  the  south  line  of  the  Strong  tract;  thence  westerly 
along  the  said  south  line  of  the  Strong  tract  to  the  center  of  the 
lands  now  owned  and  occupied  by  the  Pennsylvania  railroad  com- 


8 

panv,  being  the  lands  formerly  used  and  occnpied  by  the  Genesee 
valley  canal ;  thence  northerlv  alono;  the  said  center  of  the  lands 
of  the  Pennsylvania  railroad  company  to  the  intersection  with 
the  center  of  the  Erie  canal ;  thence  easterly  along  the  said  center 
of  the  Erie  canal  to  the  place  of  beginning,  constitutes  the  third 
ward. 

4.  Fourth  ward. — ^All  that  part  of  the  said  city  included  within 
a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river  at 
its  intersection  with  the  center  of  Main  street  east;  thence  east- 
erly along  the  said  center  of  ]\Iain  street  east  to  the  intersectioD 
with  the  center  of  East  avenue  extended  westerly;  thence  south- 
easterly along  the  said  center  of  East  avenue  to  the  intersection 
with  the  center  of  William  street  extended  northerly;  thence 
southerly  along  the  said  center  of  "William  street  to  the  inter- 
section with  the  center  of  Monroe  avenue ;  thence  southeasterly 
along  the  said  center  of  Monroe  avenue  to  the  intersection  with 
Alexander  street ;  thence  southerly  along  the  said  center  of  Alex- 
ander street  to  an  angle  in  said  street  at  Cobb  street;  thence 
southwesterly  continuing  in  the  said  center  of  Alexander  street  to 
the  intersection  with  the  center  of  the  Erie  canal;  thence  north- 
erly along  the  said  center  of  the  Erie  canal  to  a  point  where  the 
center  line  of  Howell  street  extended  westerly  would  intersect  said 
center  of  the  Erie  canal;  thence  westerly  on  said  center  line  of 
Howell  street  extended,  to  the  intersection  with  the  center  of  the 
Genesee  river ;  thence  northerh'  along  said  center  of  the  Genesee 
river  to  the  place  of  beginning,  constitutes  the  fourth  ward. 

5.  Fifth  ward.— AH  that  part  of  the  said  city  included  within 
a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river  at  its 
intersection  with  the  center  of  Main  street  east;  thence  northerly 
along  the  said  center  of  the  Genesee  river  to  a  point  where  the 
center  line  of  Avenue  E  extended  westerly  would  intersect  the  said 
center  of  the  Genesee  river ;  thence  easterly  along  the  said  extended 
line  and  the  said  center  of  Avenue  E  to  the  intersection  with  the 
center  of  an  alley  extended  northerly,  the  center  of  said  alley 
being  about  one  hundred  and  ninety-two  feet  easterly  from  the 


easterly  line  of  St.  Paul  street ;  thence  southerly  along  said  center 
of  said  alley  to  the  intersection  with  the  center  of  Avenue  D; 
thence  easterly  along  the  said  center  of  Avenue  D  to  the  inter- 
section with  the  center  of  Harris  avenue  extended  northerly ;  thence 
southerly  along  the  said  center  of  Harris  avenue  to  the  intersection 
with  the  center  of  Clifford  street;  thence  westerly  along  said  center 
of  Clifford  street  to  the  intersection  with  the  center  of  Durgin 
street  extended  northerly;  thence  southerly  along  said  center  of 
Durgin  street  to  the  intersection  with  the  center  of  Evergreen 
street;  thence  easterly  along  said  center  of  Evergreen  street  to 
the  intersection  with  the  center  of  Conkey  avenue ;  thence  north- 
erly along  said  center  of  Conkey  avenue  to  the  intersection  with 
the  center  of  Clifford  street ;  thence  easterly  along  said  center  of 
Clifford  street  to  the  intersection  with  the  center  of  Clinton 
avenue  north ;  thence  southerly  along  said  center  of  Clinton  avenue 
north  to  the  intersection  with  the  center  of  Main  street  east ; 
thence  Avesterly  a,long  the  said  center  of  Main  street  east  to  the 
place  of  beginning,  constitutes  the  fifth  ward. 

6.  Sixth  ward —  All  that  part  of  the  said  city  included  wathin 
a  line  beginning  at  a  point  in  the  center  of  Main  street  east  at  its 
intersection  with  the  center  of  Is^^orth  street  extended  southerly; 
thence  northerly  along  the  said  center  of  ISTorth  street  to  the  inter- 
section with  the  center  of  University  avenue  extended  westerly; 
thence  easterly  along  the  said  center  of  University  avenue  to  the 
intersection  with  the  center  of  Main  street  east ;  thence  easterly 
along  the  said  center  of  Main  street  east  to  the  intersection  with 
the  center  of  the  tracks  of  the  main  line  of  the  New  York  Central 
and  Hudson  River  railroad  company;  thence  southeasterly  along 
the  center  of  said  railroad  company's  tracks  to  the  intersection 
with  the  east  line  of  the  Culver  road;  thence  southerly  along  the 
said  east  line  of  the  Culver  road  to  the  intersection  with  the  center 
of  East  avenue;  thence  westerly  along  the  said  center  of  East 
avenue  to  the  center  of  Main  street  east;  thence  westerly  along 
the  said  center  of  Main  street  east  to  the  place  of  beginning, 
constitutes  the  sixth  ward. 


7.  Seventh  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  Main  street  east 
at  its  intersection  with  the  center  of  Clinton  avenne  north;  thence 
northerly  along  the  said  center  of  Clinton  avenue  north  to  a  point 
where  the  center  of  Xassau  street  extended  westerly  would  inter- 
sect the  said  center  of  Clinton  avenue  north ;  thence  easterly  om 
said  extended  line  and  the  center  of  Nassau  street  to  the  inter- 
section with  the  center  of  Joseph  avenue ;  thence  northerly  along 
Baid  center  of  Joseph  avenue  to  the  intersection  with  the  center 
of  Baden  street;  thence  easterly  along  said  center  of  Baden  street 
to  the  intersection  with  the  center  of  Hudson  avenue;  thence  north- 
erly along  said  center  of  Hudson  avenue  to  the  intersection  with 
the  center  of  Wilson  street;  thence  easterly  along  said  center  of 
Wilson  street  to  the  intersection  with  the  center  of  ISTorth  street; 
tlience  southerly  along  said  center  of  North  street  to  the  inter- 
section with  the  center  of  Main  street  east;  thence  westerly  along 
said  center  of  i\rain  street  east  to  the  place  of  beginning,  con- 
stitutes the  seventh  ward. 

8.  Eighth  ward.— All  that  part  of  the  said  city  included  within 
a  line  beginning  at  a  point  in  t^ie  center  of  Clinton  avenue  north 
where  the  center  of  Nassau  street  extended  westerly  would  inter- 
sect the  said  center  of  Clinton  avenue  north ;  thence  northerly 
along  said  center  of  Clintoji  avenue  north  to  the  intersection  with 
the  center  of  Clifford  street;  thence  easterly  along  said  center  of 
Clifford  street  to  the  intersection  with  the  center  of  Portland 
avenue;  thence  southerly  along  said  center  of  Portland  avenue  to 
the  intersection  with  the  center  of  North  street;  thence  northerly 
along  said  center  of  North  street  to  the  intersection  with  the  center 
of  Wilson  street ;  thence  westerly  along  said  center  of  Wilson 
street  to  the  intersection  with  the  center  of  Hudson  avenue ;  thence 
southerly  along  said  center  of  Hudson  avenue  to  the  intersection  of 
Baden  street;  thence  westerly  along  said  center  of  .Baden  street 
to  the  intersection  with  the  center  of  Joseph  avenue;  thence  south- 
erly along  said  center  of  Joseph  avenue  to  the  intersection:  with 
the  center  of  Nassau  street;  thence  westerly  along  said  center  of 


Nassau  street  and  said  center  extended  westerly  to  the  place  of 
beginning,  constitutes  the  eighth  ward. 

9.  Ninth  ward. —  All  that  part  of  the  said  city  included  within 
a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river 
where  the  center  of  Jay  street  extended  northeasterly  would  inter- 
sect the  same;  thence  southwesterly  along  said  extended  center 
of  Jay  street  and  along  the  said  center  of  Jay  street  to  the  inter- 
section with  the  center  of  the  Erie  Canal ;  thence  northwesterly 
along  the  said  center  of  the  Erie  jCanal  to  a  point  where  the 
southerly  line  of  the  lands  of  the  state  industrial  school  extended 
westerly  intersects  the  center  of  the  Erie  canal ;  thence  easterly 
along  the  said  extended  southerly  line  and  the  southerly  line  of 
the  lands  of  the  state  industrial  school  to  the  southeasterly  corner 
of  said  school  lands;  thence  northerly  along  the  easterly  line  of  said 
school  lands  to  a  point  where  the  center  of  Bloss  street  extended 
westerly  would  intersect  the  said  easterly  line  of  said  school  lands ; 
thence  easterly  along  said  extended  center  and  center  of  Bloss 
street  to  the  intersection  with  the  center  of  Fulton  avenue ;  thence 
southeasterly  along  said  center  of  Fulton  avenue  to  the  intersection 
with  the  center  of  Lorimer  street  -  thence  northeasterly  along  said 
center  of  Lorimer  street  and  said  center  extended  northeasterly  to 
the  intersection  with  the  center  of  the  Genesee  river ;  thence  south- 
easterly along  said  center  of  the  Genesee  river  to  the  place  of 
beginning,  constitutes  the  ninth  ward. 

10.  Tenth  ward All    that    part    of    the    said    city    included 

within  a  line  beginning  at  a  point  in  the  center  of  the  Genesee  river 
where  the  center  of  Lorimer  street  extended  northeasterly  would  in- 
tersect the  same;  thence  southwesterly  along  said  extended  center 
of  Lorimer  street  and  along  the  said  center  of  Lorimer  street  to  the 
intersection  with  the  center  of  Fulton  avenue;  thence  northwest- 
erly along  the  said  center  of  Fulton  avenue  to  the  intersection  with 
the  center  of  Bloss  street  extended  easterly ;  thence  westerly  along 
the  said  center  of  Bloss  street  and  said  center  extended  westerly 
to  the  easterly  line  of  the  lands  of  the  state  industrial  school; 
thence  southerly  along  the  said  easterly  line  of  the  lands  of  the 


state  industrial  school  to  the  southeasterly  corner  of  said 
school  lands;  thence  westerly  along  the  southerly  line  of 
said  state  industrial  school  lands  and  said  line  extended  west- 
erly to  the  intersection  with  the  center  of  Sherman  street;  thence 
southerly  along  the  said  center  of  Sherman  street  to  the  intersection 
with  the  center  of  Otis  street;  thence  westerly  along  said 
center  of  Otis  street  and  said  center  extended  westerly 
to  the  intersection  with  the  easterly  line  of  lot  number  seventy- 
four  of  the  town  of  Gates ;  thence  northerly  along  the  easterly  line 
of  lots  numbers  seventy-four  and  seventy-three,  town  of  Gates, 
and  lots  numbers  seventy-two,  seventy-one  and  part  of  seventy, 
town  of  Greece,  to  a  point  twenty  rods  northerly  of  the  center  of  the 
highway  formerly  known  as  the  Big  Ridge  road,  now  known  as 
Ridgeway  avenue ;  thence  easterly  on  a  line  parallel  with  the 
center  of  said  Ridgeway  avenue  and  twenty  rods  northerly  there- 
from measured  at  right  angles  and  on  said  line  extended  east- 
erly, to  a  point  twelve  hundred  feet  easterly  from  the  easterly 
line  of  Lake  avenue ;  thence  northerly  on  a  line  parallel  with  Lake 
avenue  ten  .hundred  eleven  feet  to  a  point ;  thence  north  thirty- 
six  degrees  twenty-six  minutes  west  eight  hundred  eighty-eight 
feet  to  a  point;  thence  north  twelve  degrees  four  minutes  west,  to 
the  center  of  a  road  leading  to  Hanford's  landing;  thence  east- 
erly along  said  center  of  the  road  leading  to  Hanford's  landing  to 
a  point  fifty  feet  westerly  from  the  top  of  the  westerly  high  bank 
of  the  Genesee  river;  thence  northerly  on  a  line  parallel  with  the 
said  top  of  the  westerly  high  bank  of  the  Genesee  river  and  fifty 
feet  distant  westerly  therefrom,  to  a  point  in  the  north  line  of  lot 
number  forty-one  of  the  town  of  Greece,  said  line  being  also  the 
north  boundary  line  of  the  lands  of  William  Merrill ;  thence  east- 
erly along  said  north  line  of  town  lot  number  forty-one  and  said 
line  extended  easterly  to  tbe  intersection  with  the  center  of  the 
Genesee  river;  thence  southerly  along  the  said  center  of  the  Gene- 
see river  to  the  place  of  beginning,  constitutes  the  tenth  ward. 

11.  Eleventh  ward.- — All   ihnt   part   of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  Bronson  avenue 


8 

at  the  intersection  with  the  center  of  the  lands  of  the  Pennsyl- 
vania railroad  company,  being  the  lands  formerly  used  and  occu- 
pied by  the  Genesee  Valley  canal;  thence  westerly  along  said 
center  of  Bronson  avenue  to  the  intersection  with  the  center  of 
Genesee  street;  thence  northerly  along  said  center  of  Genesee 
street  to  the  intersection  with  the  center  of  Brown  street;  thence 
northeasterly  along  said  center  of  Brown  street  to  a  point  where 
the  center  of  Saxton  street  extended  southerly  would  intersect  said 
center  of  Brown  street ;  thence  northerly  along  said  extended  line 
of  Saxton  street  and  along  said  center  of  Saxton  street  to  the  in- 
tersection w' ith  the  center  of  Jay  street ;  thence  easterly  and  north- 
easterly along  said  center  of  Jay  street  to  the  intersection  with 
the  center  of  the  Erie  canal ;  thence  southeasterly  along  said  center 
of  the  Erie  canal  to  a  point  at  the  intersection  with  the  lands  of 
the  Pennsylvania  railroad  company,  being  the  lands  formerly  used 
and  occupied  by  the  Genesee  Valley  canal,  being  where  said 
Genesee  Valley  canal  formerly  connected  with  said  Erie  canal; 
thence  southwesterly  and  southeasterly  along  said  center  of  the 
lands  of  the  Pennsylvania  railroad  company  to  the  place  of  be- 
ginning, constitutes  the  eleventh  ward. 

12.  Twelfth  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  East 
avenue  where  the  intersection  of  the  center  of  William  street  ex- 
tended northerly  would  intersect  the  center  of  said  East  avenue; 
thence  southeasterly  along  the  center  of  said  East  avenue  to  the 
intersection  with  the  easterly  line  of  the  Culver  road;  thence 
southwesterly  along  the  said  easterly  line  of  the  Culver  road  to  a 
point  two  hundred  fifty-two  and  four-tenths  feet  northeast- 
erly from  the  northeasterly  comer  of  said  Culver  road 
and  Park  avenue;  thence  southeasterly  along  a  line  to  a 
point  in  the  easterly  line  of  Hawthorn  street,  formerly  called 
Leighton  street,  where  the  northerly  line  of  lot  number  thirty-six, 
town  of  Brighton,  intersects  the  easterly  line  of  said  Hawthorn 
street;  thence  easterly  along  said  northerly  line  of  said  town  lot 
number  thirty-six  to  a  point  in  the  northeasterly  comer  of  said 


town  lot  number  thirtj-six;  tlience  southwesterly  along  the  east- 
erly line  of  said  town  lot  number  thirty-six  to  the  intersection  with 
the  northern  boundary  line  of  the  Erie  canal  lands ;  thence  westerly 
along  said  northerly  boundary  line  of  the  Erie  canal  lands  to  the 
intersection  with  the  easterly  line  of  Culver  road;  thence  south- 
westerly along  said  easterly  line  of  the  Culver  road  to  the  inter- 
section with  the  center  of  the  said  Erie  canal;  thence  westerly 
and  northwesterly  along  said  center  of  the  Erie  canal  to  the  inter- 
section with  the  center  of  Alexander  street;  thence  easterly  and 
northeasterly  along  said  center  of  Alexander  street  to  the  inter- 
section with  the  center  of  Monroe  avenue;  thence  northwesterly 
along  said  center  of  Monroe  avenue  to  the  intersection  with  the 
center  of  William  street;  thence  northeasterly  along  said  center 
of  William  street  to  the  place  of  beginning,  constitutes  the  twelfth 
ward. 

13.  Thirteenth  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  the  Genesee 
river  where  the  center  of  Howell  street  extended  westerly  would 
intersect  the  said  center  of  the  Genesee  river ;  thence  easterly  along 
said  extended  center  of  Howell  street  to  the  intersection  with  the 
center  of  the  Erie  canal ;  thence  southeasterly  along  said  center  of 
the  Erie  canal  to  the  intersection  with  the  center  of  South  Good- 
man street;  thence  southerly  along  said  center  of  South  Goodman 
street  to  the  intersection  with  the  center  of  Caroline  street ;  thence 
westerly  along  said  center  of  Caroline  street  to  the  intersection 
with  the  center .  of  South  avenue;  thence  northerly  along  said 
center  of  South  avenue  to  the  intersection  with  the  center  of 
Averill  avenue;  thence  westerly  along  said  center  of  Averill  avenue 
and  said  center  extended  westerly  to  the  intersection  with  the 
center  of  the  Genesee  river;  thence  northerly  along  said  center  of 
the  Genesee  river  to  the  place  of  beginning,  constitutes  the  thir- 
teenth ward. 

14.  Fourteenth  ward —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  the  Genesee 
river  where  the  center  of  Averill  avenue  extended  westerly  would 


10 

intersect  the  said  center  of  the  Genesee  river;  thence  easterly  along 
said  extended  center  and  along  the  said  center  of  Averill  avenue 
to  the  intersection  with  the  center  of  Sonth  avenne ;  thence  south- 
erly along  said  center  of  South  avenue  to  the  intersection  with  the 
center  of  Caroline  street;  thence  easterly  along  said  center  of 
Caroline  street  to  the  intersection  with  the  center  of  South  Good- 
man street ;  thence  northerly  along  said  center  of  South  Goodman 
street  to  the  intersection  with  the  center  of  the  Erie  canal ;  thence 
easterly  along  said  center  of  the  Erie  canal  to  the  intersection 
with  the  east  line  of  the  Culver  road;  thence  southerly  along  said 
east  line  of  the  Culver  road  and  said  east  line  produced  southerly 
to  the  north  line  of  lot  number  thirty-seven  of  the  town  of  Brigh- 
ton; thence  westerly  along  the  north  line  of  lots  numbers  thirty- 
seven,  forty-five  and  fifty-three  of  the  said  town  of  Brighton,  to  a 
point  in  the  north  line  of  said  lot  number  fifty-three,  two  hundred 
and  ninety  feet  easterly  from  the  northeast  corner  of  lot  number 
sixty-one  in  said  town  of  Brighton ;  thence  southerly  on  a  line 
parallel  with  the  east  line  of  said  lot  number  sixty-one  to  the 
northerly  line  of  a  highway  known  as  Elmwood  avenue ;  thence 
westerly  along  the  northerly  line  of  said  Elmwood  avenue  about 
three  hundred  feet  to  the  division  line  between  said  town  lots 
numbers  fifty-three  and  sixty-one;  thence  southerly  along  said 
division  line  between  town  lots  fifty-three  and  sixty-one  and  along 
the  division  line  between  town  lots  numbers  fifty-four  and  sixty- 
two  of  said  town  of  Brighton,  through  laud  owned  by  the  county 
of  Monroe  and  along  the  easterly  line  of  land  formerly  o\vned  by 
Reuben  i^.  Booth  and  now  owned  by  the  state  of  Xew  York,  aboiil 
three  thousand  one  hundred  and  twenty  feet  to  land  now  or 
formerly  owned  by  Iliram  Smith ;  thence  westerly  along  ihe 
division  line  between  the  lauds  owned  by  the  said  state  of  Kew 
York,  formerly  owned  by  said  Booth,  and  land  of  said  Smith,  and 
along  said  line  prolonged  westerly,  about  two  thousand  three 
hundred  feet  to  the  westerly  line  of  the  highway  known  as  South 
avenue;  thence  northerly  along  said  westerly  line  of  South  avenue 
about  six  hundred  and  ninety  feet  to  an  angle  in  said  highway; 


11 

thence  continuing  northerly   along  said  westerly  line  of  South 
avenue  about  two  thousand  two  hundred  and  ninety-five  feet  to 
the  northerly  line  of  a  highway  knoMii  as  Elmwood  avenue ;  thence 
westerly  along  said  northerly  line  of  said  Elmwood  avenue  to  the 
intersection  with  the  westerly  line  of  the  lands  owned  by  the  New 
York,  Lake  Erie  and  Western  railroad  company ;  thence  southerly 
along  the  said  westerly  line  of  said  lands  owned  by  said  railroad 
company  to  the  intersection  with  the  center  of  a  highway  known 
as  the  Westfall  road;  thence  westerly  along  said  center  of  the 
Westfall  road  to  a  point  in  the  cefiter  of  the  said  Westfall  road, 
where  the  said  road  makes  an  angle  to  the  north ;  thence  south- 
westerly in  a  straight  line  twenty-four  hundred  feet  through  lands 
of  Josiah  Anstice,  formerly  known  as  the  Harmon  farm,  and  the 
Baker  farm,  to  a  point  at  a  stone  monument  where  the  east  shore 
of  the  Genesee  river  intersects  the  west  line  of  the  Wolcott  road, 
so  called;  thence  northeasterly  along  said  east  shore  of  the  Genesee 
.  river  about  eight  hundred  and  fifty  feet  to  a  point  where  the 
northerly  line  of'  a  road  running  between  the  lands  of  E.  Chapin 
and  Mathias  Kondolf  lying  on  the  west  side  of  the  Genesee  river, 
extended  westerly  would   intersect   said   east   shore   of  the   said 
Genesee  river ;  thence  westerly  along  said  Extended  northerly  line 
of  said  road  to  the  intersection  with  the  center  of  the  Genesee 
river ;  thence  northerly  along  said  center  of  the  Genesee  river  to 
the  place  of  beginning,  constitutes  the  fourteenth  ward. 

15.  Fifteenth  ward — All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  the  Erie  canal 
at  the  intersection  with  the  center  of  Jay  street;  thence  south- 
westerly and  westerly  along  said  center  of  Jay  street  to  the  inter- 
section with  the  easterly  line  of  lot  number  seventy-five,  town  of 
Gates;  thence  northerly  along  the  easterly  line  of  lots  numbere 
seventy-five  and  seventy-four  of  said  town  of  Gates  to  a  point 
where  the  center  of  Otis  street  extended  westerly  would  intersect 
the  said  easterly  line  of  said  lot  number  seventy-four,  town  of 
Gates;  thence  easterly  on  said  extended  center  and  the  center  of 
said  Otis  street  to  the  intersection  with  the  center  of  Sherman 


12 

street;  thence  northerly  along  said  center  of  Sherman  street  to  a 
point  where  the  southerly  line  of  the  lands  of  the  state  industrial 
school  extended  westerly  would  intersect  the  said  center  of  Sherman 
street;  thence  easterly  along  said  extended  southerly  line  of  the 
lands  of  said  school  to  the  intersection  with  the  center  of  the 
Erie  canal ;  thence  southeasterly  along  said  center  of  said  Erie 
canal  to  the  place  of  beginning,  constitutes  the  fifteenth  ward. 

16.  Sixteenth  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  pomt  in  the  center  of  ISTorth  street  at 
its  intersection  with  the  center  of  University  avenue  extended 
westerly;  thence  northerly  along  said  center  of  N'orth  street  to 
the  intersection  with  the  center  of  Portland  avenue ;  thence  north- 
erly along  said  center  of  Portland  avenue  to  the  intersection  with 
the  center  of  Bay  street ;  thence  easterly  along  said  center  of  Bay 
street  to  the  intersection  with  the  center  of  Hebard  street ;  thence 
southerly  along  said  center  of  Hebard  street  to  the  intersection 
with  the  center  of  the  tracks  of  the  main  line  of  the  ISTew  York 
Central  and  Hudson  Piver  railroad  company ;  thence  southeasterly 
along  said  center  of  said  railroad  company's  tracks  to  the  inter- 
section with  the  center  of  Main  street  east ;  thence  southwesterly 
along  said  center  of  Main  street  east  to  the  intersection  with  the 
center  of  University  avenue;  thence  northwesterly  along  said 
center  of  University  avenue  to  the  place  of  beginning,  constitutes 
the  sixteenth  ward. 

17.  Seventeenth  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  the  Genesee 
river  where  the  center  line  of  Avenue  E  extended  westerly  would 
intersect  the  said  center  of  the  Genesee  river;  thence  northerly 
along  the  said  center  of  the  Genesee  river  to  a  point  where  the 
north  line  of  lot  forty-one  of  the  town  of  Greece,  said  line  being 
also  the  north  boundary  line  of  the  lands  of  William  Merrill,  ex- 
tended easterly  would  intersect  the  said  center  of  the  Genesee 
river;  thence  easterly  on  said  extended  north  line  of  the  lands  of 
said  William  "Merrill  to  the  east  shore  of  the  Genesee  river;  thence 
northerly  along  the  said  east  shore  of  the  Genesee  river  following 


13 

its  various  courses  to  the  intersection  with  the  north  line  of  lot 
number  fourteen  in  the  town  of  Irondequoit ;  thence  easterly  along 
the  said  north  line  of  lot  fourteen  to  the- intersection  with  the  east 
line  of  the  lands  owned  by  the  Rome,  Watertown  and  Ogdensburg 
railroad  company ;  thence  southerly  along  the  said  east  line  of  the 
lands  of  Eome,  Watertown  and  Ogdensburg  railroad  company  to 
the  intersection  wuth  the  center  of  the  Ridge  road ;  thence  westerly 
along  the  said  center  of  the  Ridge  road  to  a  point,  said  point  being 
in  the  center  of  the  Ridge  road  and  eight  chains  and  seventy  links 
distant  easterly  from  the  top  of  the  east  high  bank  of  the  Genesee 
river ;  thence  south  fifteen  minutes  east  along  a  line  to  the  inter- 
section with  the  north  line  of  ISTorton  street ;  thence  easterly  along 
said  north  line  of  ISTorton  street  to  the  intersection  with  the  center 
of  Hudson  avenue ;  thence  southerly  along  said  center  of  Hudson 
avenue  to  the  intersection  with  the  center  of  Clifford  street ;  thence 
westerly  along  said  center  of  Clifford  street  to  the  intersection  with 
the  center  of  Conkey  avenue;  thence  southerly  along  said  center 
of  Conkey  avenue  to  the  intersection  with  the  center  of  Evergreen 
street ;  thence  westerly  along  said  center  of  Evergreen  street  to  the 
intersection  with  the  center  of  Durgin  street ;  thence  northerly 
along  said  center  of  Durgin  street  to  the  intersection  with  the 
center  of  Clifford  street;  thence  easterly  along  said  center  of 
Clifford  street  to  the  intersection  with  the  center  of  Harris  street ; 
thence  northerly  along  said  center  of  Harris  street  to  the  inter- 
section with  the  center  of  Avenue  D;  thence  westerly  along  said 
center  of  Avenue  D  to  the  intersection  with  the  center  of  an  alley, 
said  center  of  the  alley  being  about  one  hundred  and  ninety-two 
feet  easterly  from  the  easterly  line  of  Saint  Paul  street;  thencs 
northerly  along  the  said  center  of  said  alley  to  the  intersection  with 
the  center  of  Avenue  E ;  thence  westerly  along  said  center  of 
Avenue  E  and  said  center  extended  to  the  place  of  beginning,  con- 
stitutes the  seventeenth  w^ard. 

18.  Eighteenth  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  Portland  avenue 
at  its  intersection  with  the  center  of  Clifford  street;  thence  easterly 


along  said  center  of  CliiTord  street  to  the  intersection  of  the  south- 
erly line  of  the  highway  called  Waring  road  extended  southeasterly 
to  meet  the  easterly  line  of  the  Culver  road;  thence  southeasterly 
along  said  southerly  line  of  said  Waring  road  to  the  intersection 
with  the  easterly  line  of  the  Culver  road ;  thence  southwest- 
erly along  the  easterly  line  of  the  Culver  road  to  the  intersection 
with  the  center  of  the  tracks  of  the  main  line  of  the  New  York 
Central  and  Hudson  river  railroad  company;  thence  northwest- 
erly along  the  center  of  said  railroad  company's  tracks  to  the  in- 
tersection with  the  center  of  Ilebard  sti-eet;  thence  northerly  along 
said  center  of  Hebard  street  to  the  intersection  with  the  center 
of  Bay  street;  thence  westerly  along  said  center  of  Bay  street  t") 
the  intersection  with  the  center  of  Portland  avenue;  thence 
northerly  along  said  center  of  Portland  avenue  to  the  place  of 
beginning,  constitutes  the  eighteenth  ward. 

19.  Nineteenth  ward —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  Bronson  iavenu3 
at  the  intersection  with  the  lands  of  the  Pennsylvania  railroad 
company,  being  the  lands  formerly  used  and  occupied  by  the 
Genesee  Valley  canal;  thence  southeasterly  along  said  center  of 
the  lands  of  the  Pennaylvania  railroad  company  to  a  point  at  the 
intersection  with  the  south  line  of  the  Strong  tract;  thence  south- 
easterly along  the  south  line  of  the  Strong  tract  and  said  south 
line  extended  to  the  intersection  with  the  center  of  the  Genesee 
river;  thence  southwesterly,  westerly,  and  southerly  along  said 
center  of  the  Genesee  river  to  a  point  where  the  northerly  line  of 
a  road  running  between  the  lands  of  E.  Chapin  and  Mathias 
Kondolf  lying  on  the  west  side  of  the  Genesee  river,  extended 
westerly,  would  intersect  the  said  center  of  the  Genesee  river; 
thence  westerly  along  said  extended  northerly  line  and  said  north- 
erly line  of  said  road  to  the  intersection  with  the  easterly  line 
of  the  lands  of  the  Pennsylvania  railroad  company,  being  the 
lands  formerly  used  and  occupied  by  the  Genesee  Valley  canal; 
thence  northeasterly  along  said  easterly  line  of  said  lands  of  tho 
Pennsylvania  railroad  company  to  a  point  where  the  center  of 


16  '  ^ 

Genesee  street  extended  southerly  would  intersect  the  said  easterly 
line  of  the  lands  of  the  Pennsylvania  railroad  company;  thence 
northeasterly  along  said  extended  center  of  Genesee  street,  being 
tlie  center  line  of  a  highway  which  is  a  continuation  of  Genesee 
street,  to  the  intersection  with  the  division  line,  being  the  southerly 
boundary  line  of  the  former  town  of  Gates  and  the  northerly 
boundary  line  of  the  town  of  Chili ;  thence  westerly  along  said 
division  line  between  the  former  town  of  Gates  and  the  town  of 
Chili  to  a  point  two  hundred  feet  westerly  of  the  west  line  of  a 
highway  known  as  the  Thurston  road ;  thence  northerly  on  a  lino 
parallel  with  the  west  line  of  said  Thurston  road'and  two  hundred 
feet  westerly  therefrom  to  the  intersection  with  the  northerly  line 
of  Brooks  avenue,  thence  easterly  along  the  northerly  line  of  said 
Brooks  avenue  to  a  point  where  the  east  line  of  lot  number  on  3 
hundred  and  sixty-eight  of  the  twenty  thousand  acre  tract,  town  of 
Gates,  extended  southerly  through  lots  numbers  ten,  twenty-two 
and  thirty-four  of  the  four  thousand  acre  tract  of  said  town  of 
Gates,  intersects  the  northerly  line  of  said  Brooks  avenue;  thenc3 
northerly  along  said  extended  east  line  of  said  lot  number  one 
hundred  and  sixty-eight  to  a  point  thirty  feet  southerly  at  right 
angles  from  the  south  line  of  said  lot  number  twenty-two  of  the 
four  thousand  acre  tract;  thence  westerly  along  a  line  parallel 
with  the  said  south  line  of  said  lot  number  twenty-two  and  thirty 
feet  southerly  therefrom  at  right  angles  to  the  intersection  with 
the  east  line  of  said  Thurston  road ;  thence  northerly  along  the 
said  east  line  of  the  Thurston  road  to  the  intersection  with  the 
north  line  of  said  lot  number  twenty-two  of  said  four  thousand 
acre  tract;  thence  easterly  along  said  north  line  of  lot  numbej 
twenty-two  to  a  point  where  the  aforesaid  east  line  of  said  lot 
number  one  hundred  and  sixty-eight  extended  southerly  would 
intersect  the  said  north  line  of  said  lot  number  twenty-two;  thence 
northerly  along  said  extended  east  line  of  said  lot  number  one  hun- 
dred and  sixty-eight  and  along  said  east  line  of  said  lot  ono 
hundred  and  sixty-eight  to  the  intersection  wath  the  center  of 
Chili    avenue;   thence   northeasterly   along  said   center   of   Chili 


16 

avcnno  to  tlio  intersection  with  the  center  of  West  avenue ;  thence 
westerly  along  said  center  of  West  avenue  to  the  intersection  of  the 
center  of  Genesee  street  extended  northerly;  thence  southerly 
along  said  center  of  Genesee  street  to  the  intersection  with  the 
center  of  Bronson  avenue;  thence  easterly  along  said  center  of 
Bronson  avenue  to  the  place  of  beginning,  constitutes  the  nine- 
teenth ward. 

20.  Twentieth  ward. —  All  that  part  of  the  said  city  included 
within  a  line  beginning  at  a  point  in  the  center  of  West  avenue 
where  the  center  of  Genesee  street  extended  northerly  would  inter- 
sect the  said  center  of  West  avenue;  thence  westerly  along  said 
center  of  West  avenue  to  the  intersection  mth  the  center  of  Chili 
avenue;  thence  southwesterly  along  said  center  of  Chili  avenue 
to  the  intersection  with  the  east  line  of  lot  number  one  hundred 
and  sixty-eight  of  the  twenty  thousand  acre  tract,  town  of  Gates ; 
thence  northerly  along  said  east  line  of  lot  number  one  hundred 
and  sixty-eight  to  a  point  twelve  feet  southerly,  measured  at  right 
angles,  from  the  northerly  line  of  a  highway  known  as  Chili  road ; 
thence  southwesterly  along  a  line  parallel  to  said  northerly  line  of 
the  Chili  road  and  twelve  feet  distant  southerly  therefrom,  to  a 
point  in  the  westerly  line  of  Gardiner  avenue  extended  southerly; 
thence  northerly  along  said  extended  line  and  the  westerly  line 
of  Gardiner  avenue  to  a  point  sixty  feet  northerly  from  the 
northerly  line  of  said  Chili  road  ;  thence  westerly  along  a  line 
at  right  angles  with  said  Gardiner  avenue  seventy-five  feet;  thence 
southerly  along  a  line  parallel  with  said  Gardiner  avenue  to  a 
point  twelve  feet  southerly,  measured  at  right  angles,  from  the 
northerly  line  of  said  Chili  road ;  thence  southwesterly  along 
a  line  parallel  with  said  northerly  line  of  the  Chili  road  and  twelve 
feet  distant  southerly  therefrom,  to  a  point  where  a  line  twelve 
feet  westerly  of  the  easterly  line  of  Lincoln  avenue  extended 
southerly  would  intersect  the  same;  thence  northerly  along  said 
extended  line  and  a  line  parallel  to  and  twelve  feet  westerly 
measured  at  right  angles  from  the  said  easterly  line  of  Lincoln 
avenue,  to  a  point  where  a  line  twelve  feet  northerly  of  the  south- 


17 

eriy  line  of  a  highway  called  the  Buffalo  road,  extended  westerly 
wonld  intersect  the  same;  thence  easterly  along  said  extended  line 
and  a  line  parallel  with  and  twelve  feet  northerly  measnred  at 
right  angles  from  the  southerly  line  of  said  Buffalo  road,  to  the 
east  line  of  lot  numher  one  hundred  and  sixty-eight  of  the  town 
of  Gates;  thence  northerly  along  the  east  line  of  lots  one  hundred 
and  sixty-eight,  seventy-six  and  seventy-five  of  the  said  town  of 
Gates,  to  the  intersection  with  the  center  of  Jay  street;  thence 
easterly  along  the  said  center  of  Jay  street  to  the  intersection 
with  the  center  of  Saxton  street;  thence  southerly  along  said 
center  of  Saxton  street  and  said  center  extended  southerly  to  the 
intersection  with  the  center  of  Brown  street ;  thence  southwesterly 
along  said  center  of  Brown  street  to  the  place  of  heginning,  con- 
stitutes the  twentieth  ward. 

21.  Twenty-first  ward. —  All  that  part  of  the  said  city  included 
within  a  line  heginning  at  a  point  in  the  southeast  comer  of  the 
Culver  road  and  Atlantic  avenue,  formerly  known  as  University 
avenue,  said  point  heing  in  the  northwesterly  corner  of  the  foTTner 
village  of  Brighton,  now  in  the  city  of  Rochef?ter;  thence  south- 
easterly along  a  line,  heing  the  northerly  boundary  line  of  the 
said  former  village  of  Brighton  about  seven  thousand  and  fifty 
feet  to  a  point  in  the  easterly  line  of  lot  numher  nineteen,  town 
of  Brighton,  heing  also  in  the  northeasterly  comer  of  the  said 
former  village  of  Brighton ;  thence  southwesterly  along  the  easterly 
line  of  lots  numbers  nineteen  and  twenty,  town  of  Brighton, 
being  also  the  easterly  line  of  the  former  village  of  Brighton, 
about  three  thousand  nine  hundred  and  sixty  feet  to  a  point  in  the 
southeasterly  comer  of  said  former  village  of  Brighton ;  thence 
northwesterly  along  a  line,  being  the  southerly  line  of  said  former 
village  of  Brighton,  to  its  intersection  with  the  easterly  line  of 
lot  number  thirty-six,  town  of  Brighton;  thence  southerly  along 
said  easterly  line  of  said  toA\Ti  lot  number  thirty-six  to  a  point 
about  four  hundred  feet  northerly  from  the  northerly  line  of  a 
highway  known  as  Highland  avenue,  and  where  the  southerly  line 
Chap.  755  2 


18 

of  tlie  \i\mh  of  the  proposed  Rochester  city  ivsorvoir,  produced 
easterly,  would  meet  the  same;  thence  westerly  along  said  line 
produced  and  along  said  southerly  line  ahout  eight  hundred  feet 
to  a  stone  monument,   said  monument  heing  fifty  feet  easterly, 
measured  at  right  angles,  from  the  divisiou  line  between  the  lands 
formerly  owned  by  Edna  C.  Cobb  and  lands  of  Lillian  C.  Davis; 
thence  southerly  on  a  line  parallel  to  said  division  line  and  fifty 
feet   easterly,   measured    at   right   angles   therefrom,    ahout   two 
hundred  and  ninety  feet  to  a  stone  monument  in  the  northerly 
line  of  said  Highland  avenue;  thence  southerly  at  right  angles 
to  said  Highland  avenue  forty-nine  and  one-half  feet  to  a  point 
in  the  southerly  line  of  said  Highland  avenue;  thence  westerly 
along  the  said  southerly  line  of  Highland  avenue  and  said  line 
extended  westerly  to  its  intersection  with  the  southwesterly  line 
of  Monroe  avenue;  thence  northwesterly  on  said   southwesterly 
line  of  Monroe  avenue  to  tbe  lands  of  the  Rochester  orphan  asylum  : 
thence  southwesterly  along  the  division  line  between  said  lands  of 
said  orphan  asylum  and  lands  of  Ellwanger  and  Barry  to  the 
intersection    with    the    east   line    of   the    Culver   road   extended 
southerly  to  the  north  line  of  lot  number  thirty-seven,  town  of 
Brighton;  thence  southwesterly  along  said  extended  east  line  of 
the  Culver  road  to  the  said  north  line  of  said  town  lot  number 
thirty-seven ;  thence  westerly  along  the  said  north  line  of  said  town 
lot  number  thirty-seven  to  the  lands  of  the  said  Rochester  orphan 
asylum ;  thence  southwesterly  along  the  division  line  between  the 
lands  of  said  orphan  asylum  and  the  lands  of  Ellwanger  and  Barry 
to  a  point  which  is  eight  hundred  and  forty  and  two-tenths  feet 
from  the  center  of  Monroe  avenue  measured  on  said  division  line ; 
thence  southeasterly  along  the  division  line  between  said  lands 
of     said     orphan     asylum     and      lands      of      Ellwanger      and 
Barry,  four  hundred  four  and  fifty-nine  one-hundredths  feet  to 
the    northerly   line   of   Highland    avenue;    thence   southwesterly 
along  the  said  northerly  line    of    Highland    avenue    eight   hun- 
dred ninety-four  and  five-tenths  feet  to  a  stone  monument ;  thence 


19 

northwesterly  along  the  division  line  between  lands  of  the  said 
Rochester  orphan  asylum  and  the  lands  now  or  formerly  owned 
by  James  D.  Cobb,  one  hundred  ninety-nine  and  seventy-seven 
one-luindredths  feet  to  a  stone  monument;  thence  westerly  along 
the  division  line  between  said  Cobb  lands  and  lands  of  the  said 
Rochester  orphan  asylum,  five  hundred  seventeen  and  eight-tenths 
feet  to  a  stone  monument;  thence  northeasterly  along  the  division 
line  betw^een  lands  conveyed  by  Laura  B.  Adams  to  Willard 
Hodges  by  deed  recorded  in  liber  three  hundred  and  thirteen  of 
deeds  at  page  three  hundred  and  fifty-nine,  Monroe  county  clerk's 
office,  and  of  the  said  Rochester  orphan  asylum,  three  hundred 
fifty-nine  and  seven-tenths  feet  to  a  stone  monument ;  thence 
easterly  along  the  northerly  line  of  said  lands  of  the  Rochester 
orphan  asylum  four  hundred  seventeen  feet  to  the  intersection  of 
said  last  mentioned  line  with  the  center  of  Adelaide  street  ex- 
tended southerly;  thence  northeasterly  along  said  line  of  the  center 
of  Adelaide  street  extended  southerly  to  its  intersection  with  the 
north  line  of  lot  number  forty-five  of  the  town  of  Brighton ;  thence 
easterly  along  the  north  line  of  lots  numbers  forty-five  and  thirty- 
seven  of  the  said  town  of  Brighton  to  a  point  where  the  easterly 
line  of  the  Culver  road  extended  southerly  would  meet  the  said 
northerly  line  of  lots  numbers  forty-five  and  thirty-seven ;  thence 
northerly  along  the  said  easterly  line  of  the  Culver  road  extended 
southerly  and  the  said  easterly  line  of  the  Culver  road  to  the 
intersection  with  the  northerly  line  of  the  Erie  canal  lands ;  thence 
easterly  along  the  said  northerly  line  of  said  Erie  canal  lands 
to  the  easterly  line  of  lot  number  thirty-six  of  the  town  of  Brigh- 
ton ;  thence  northerly  along  said  easterly  line  of  said  town  lot  num- 
ber thirty-six  to  the  northeast  corner  of  said  town  lot  number 
thirty-six ;  thence  westerly  along  the  northerly  line  of  said  town  lot 
number  thirty-six  to  a  point  where  the  said  line  intersects  the 
easterly  line  of  Hawthorn  street,  formerly  Leighton  street;  thence 
northwesterly  along  a  line  to  the  intersection  with  the  easterly 
line  of  the  Culver  road  at  a  point  two  hundred  fifty-two  and 
four-tenths  feet  northerly  of  where  the  northerly  line  of  Park 


20  I 

avenue  intersects  the  said  easterly  lino  of  the  said  Culver  road; 
thence  northerly  along  the  said  easterly  line  of  the  said  Culver 
road  to  the  place  of  beginning,  constitutes  the  twenty-first  ward. 
22.  Twenty-second  ward. —  All  that  part  of  the  said  city  in- 
cluded within  a  line  beginning  at  a  point  in  the  center  of  Clifford 
street  at  its  intersection  with  the  center  of  Hudson  avenue ;  thence 
northerly  along  said  center  of  Hudson  avenue  to  the  intersection 
with  the  north  line  of  IsTorton  street;  thence  easterly  along  said 
north  line  of  jSTorton  street  to  a  point  thirty-three  feet  westerly 
from  the  center  line  of  the  Woodman  road,  so  called,  said  Wood- 
man road  being  upon  the  division  line  between  lots  numbers 
forty-one  and  forty-three  of  the  town  of  Irondequoit ;  thence  north- 
erly and  northeasterly  along  a  line  parallel  to  said  center  line  of 
said  Woodman  road  and  thirty-three  feet  westerly  therefrom  to  a 
point  thirty-three  feet  southerly  from  the  center  line  of  a  road 
running  westerly  to  the  junction  with  the  Hoffman  road,  so  called, 
and  the  Wisner  road,  so  called;  thence  northwesterly  along  a  line 
parallel  to  said  center  line  of  said  road  and  thirty-three  feet  south- 
erly therefrom  to  a  point  thirty-three  feet  westerly  from  the  center 
line  of  said  Wisner  road;  thence  northeasterly  and  northwesterly 
along  a  line  parallel  to  said  center  line  of  the  Wisner  road  and 
thirty-three  feet  westerly  therefrom  to  a  point  in  the  south  line  of 
lot  number  eight  of  the  lake  tract  in  the  town  of  Irondequoit,  said 
line  being  also  the  southerly  line  of  the  lands  Joseph  Bucker  and 
wife  conveyed  to  Henry  S.  Durand  by  an  agreement  recorded  in 
Monroe  county  clerk's  office  in  liber  seven  hundred  and  forty-five 
of  deeds  at  page  seven;  thence  westerly  along  said  south  line  of 
said  lot  number  eight  and  being  along  the  southerly  line  of  said 
land  of  Henry  S.  Durand  by  said  agreement,  to  a  point  in  the 
southwest  corner  of  said  Henry  S.  Durand's  land;  thence  north- 
easterly along  the  westerly  line  of  said  Henry  S.  Durand's  land 
to  a  point  in  the  southerly  line  of  lot  number  seven  of  the  said 
lake  tract,  being  also  in  the  southerly  line  of  four  acres  of  land 
conveyed  to  Henry  S.  Durand  by  deed  from  Adam  Wiesner  and 
wife  recorded  in  Monroe  county  clerk's  office  in  liber  six  hundred 


21 

and  six  of  deeds  at  page  four  hundred  and  forty-nine;  thence 
westerly  along  the  said  southerly  line  of  said  Henry  S.  Durand's 
land  to  a  point  in  the  southwest  corner  thereof;  thence  northerly 
along  the  westerly  line  of  said  Henry  S.  Durand's  land  to  a  point 
in  the  southerly  line  of  fourteen  and  fifty-five  hundredths  acres  of 
land  conveyed  to  said  Henry  S.  Durand  by  deed  from  J.  P.  La- 
cour  and  others  and  recorded  in  Monroe  county  clerk's  office  in 
liber  six  hundred  and  ninety-four  of  deeds  at  page  twenty-eight ; 
thence  westerly  along  the  said  southerly  line  of  Henry  S.  Durand's 
land  to  a  point  in  the  southwest  corner  thereof,  said  point  being 
also  in  the  westerly  line  of  said  lot  number  seven  of  the  lake  tract ; 
thence  northerly  along  said  westerly  line  of  said  lot  number  seven 
to  a  point  in  the  southeasterly  corner  of  lot  number  eleven  of  the 
town  of  Irondequoit,  said  point  being  also  the  southeasterly  corner 
of  land  formerly  o^\^led  by  Thomas  Delapp  and  conveyed  to 
George  Eastman  by  deed  from  Xelson  P.  Sanford  recorded  in 
Monroe  county  clerk's  office  in  liber  seven  hundred  and  fifty-four 
of  deeds  at  page  two  hundred  and  fifty-eight;  thence  westerly 
along  the  southerly  line  of  land  deeded  to  said  George  Eastman, 
being  also  the  division  line  between  lots  numbers  eleven  and 
twenty-one  of  the  town  of  Irondequoit,  to  a  point  at  a  stake  in 
the  northwest  corner  of  said  lot  number  twenty-one ;  thence  along 
said  George  Eastman's  land  south  fifty-one  degrees  west,  six 
chains  to  a  stake;  thence  along  said  Eastman's  land  north  nine 
degrees  forty-five  minutes  west,  to  a  point  in  the  north  line  of  lot 
number  twenty,  town  of  Irondequoit,  distant  five  chains  and 
seventy-eight  links  westerly  from  the  northeast  corner  of  said  lot 
number  twenty;  thence  westerly  along  the  southerly  line  of  said 
George  Eastman's  land  to  a  point  in  the  southwest  corner  of  said 
land,  said  point  being  in  the  southwest  corner  of  said  lot  number 
eleven ;  thence  northerly  along  the  westerly  line  of  said  George 
Eastman's  land  and  the  westerly  line  of  land  conveyed  to  Henry 
S.  Durand  by  Dominick  Barrett  by  deed  recorded  in  Monroe 
county  clerk's  office  in  liber  six  hundred  and  eight  of  deeds  at  page 
four  hundred  and  eighty-eight,  to  a  point  in  the  southeasterly  line 


22 

of  a  highway  running  northerly;  thence  northerly  an<l  northeast- 
erly along  the  easterly  and  southerly  line  of  said  highway  follow- 
ing the  hnundaries  of  said  land  deeded  to  said  Henry  S.  Durand, 
to  a  point  where  the  westerly  line  of  the  land  formerly  owned  by 
Michael  Larkin,  senior,  and  conveyed  by  deed  from  Nelson  P.  San- 
ford  to  George  Eastman  and  recorded  in  Monroe  county  clerk's 
office  in  liber  seven  hundred  and  forty  of  deeds  at  page  twenty-nine, 
produced  southerly  would  meet  the  same ;   thence  northwesterly 
along  the  westerly  line  of  said  George  Eastman's  land  to  the  north- 
westerly comer  thereof ;  thence  easterly  along  the  northerly  line  of 
said  George  Eastman's  land  to  a  point,  said  point  being  the  west- 
erly line  of  land  formerly  owned  by  Ludwig  Mengel  and  wife  and 
conveyed  by  deed  from  Nelson  P.  Sanford  to  said  George  Eastman 
and  recorded  in  Monroe  county  clerk's  office  in  liber  seven  hun- 
dred and  thirty-fouK  of  deeds  at  page  two  hundred  sixty ;  thence 
northerly  along  said  westerly  line  of  the  land  of  said  George  East- 
man to  the  high  water  mark  on  the  southerly  shore  of  Lake  On- 
tario ;  thence  easterly  along  the  said  high  water  mark  on  the  south- 
erly shore  of  Lake  Ontario  to  a  point  where  the  easterly  line  of 
the  land  conveyed  by  Adam  Wiesner  and  wife  to  Llenry  S.  Durand 
by  deed  recorded  in  Monroe  county  clerk's  office  in  liber  six  hun- 
dred six  of  deeds  at  page  four  hundred  and  forty-nine,  extended 
northerly,  would  meet  the  same;  thence  southerly  along  said  ex- 
tended line  and  the  said  easterly  line  of  the  land  of  Henry  S. 
Durand  and  the  easterly  line  of  land  formerly  owned  by  Charles 
S.  Baker  and  conveyed  by  deed  from  Nelson  P.  Sanford  to  George 
Eastman  recorded  in  Monroe  county  clerk's  office  in  liber  seven 
hundred  forty  of  deeds  ai  pa^c  lifirty,  to  a  point  in  the  north  line 
of  lot  number  seven  of  the  lake  tract,  said  north  line  leing  also 
the  north  line  of  the  east  part  of  said  George  Eastman's  land; 
thence  easterly  along  ?&id  north  line  of  said  George  Eastman's 
land  to  a  point  in  the  westerly  line  of  Woodman  road,  so  called; 
thence  southerly  along  the  said  westerly  line  of  said  Woodman 
road,  follov.ing  the  boundaries  of  the  said  land  deeded  to  said 
George  Eastman,  to  a  point  in  the  south  line  of  said  George  East- 


23 

man's  land;  thence  westerly  along  the  south  line  of  said  George 
Eastman's  land  to  a  point  in  the  easterly  line  of  land  Joseph  Bucker 
and  wife  conveyed  to  Henry  S.  Diirand  by  an  agreement  recorded 
in  Monroe  county  clerk's  office  in  liber  seven  hundred  forty-five 
of  deeds  at  page  seven;  thence  southerly  along  said  easterly  line  of 
Siiid  Henry  S.  Durand's  land  to  a  point  in  the  southeasterly  corner 
thereof,  said  point  being  also  in  the  south  line  of  lot  number  eight 
of  the  lake  tract;  thence  westerly  along  the  southerly  line  of  said 
lands  of  said  Henry  S.  Durand,  being  also  the  south  line  of  said 
lot  number  eight,  to  a  point  thirty-three  feet  easterly  measured 
at  right  angles  from  the  center  of  the  Wisner  road,  so  called; 
thence  southeasterly  and  southwesterly  along  a  line  parallel  to 
said  center  line  and  thirty-three  feet  easterly  therefrom  to  a  point 
thirty-three  feet  northerly  from  the  center  line  of  a  road  running 
easterly  at  the  junction  with  the  Hoffman  road,  so  called , 
thence  southeasterly  along  a  line  parallel  to  siAd  center  line  and 
thirty-three  feet  northerly  therefrom,  to  a  point  thirty-three  feet 
easterly  from  the  center  line  of  the  Woodman  road,  so  called ; 
thence  southwesterly  and  southerly  along  a  line  parallel  to  said 
center  line  and  thirty-three  feet  easterly  therefrom,  to  a  point  in 
the  southerly  line  of  Norton  street;  thence  westerly  along  said 
southerly  line  of  said  I^orton  street,  ±o  a  point  at  a  distance 
of  two  hundred  feet  easterly  from  the  east  line  of  lot 
number  forty-eight,  formerly  in  the  town  of  Irondequoit, 
now  in  the  city  of  Rochester;  thence  southerly  along 
a  line  parallel  with  the  said  east  line  of  said  lot  number 
forty-eight  and  at  a  distance  of  two  hundred  feet  easterly  there- 
from, to  a  point  in  the  southerly  line  of  the  highway  called  War- 
ing road ;  thence  southeasterly  along  the  said  southerly  line  of 
said  Waring  road  to  a  point  in  the  northerly  line  of  land  conveyed 
to  the  city  of  Rochester  by  deed  from  Catherine  V.  Ayres  and 
recorded  in  Monroe  county  clerk's  office  in  liber  six  hundred  and 
sixty-two  of  deeds  at  page  three  hundred  and  sixteen ;  thence  east- 
erly along  said  line  across  the  said  Waring  road  and  continuing 
easterly  on  said  line  between  said  lands  now  of  the  city  of  Roch- 


24 

ester  and  of  Joseph  Costich,  junior,  on  the  south  and  the  land  of 
Rudolf  and  John  Schneeberger  on  the  north  of  said  line,  to  a 
point  in  tlie  northerly  line  of  the  right  of  way  of  the  east  side 
trunk  sewer  overflow  through  Densmore  creek,  as  shown  on  a  map 
on  file  in  the  city  engineer's  office;  thence  northeasterly  along  the 
northerly  line  of  said  right  of  way  following  its  several  courses 
across  the  land  of  said  Rudolf  and  John  Schneeberger  to  a  point 
in  the  division  line  between  the  lands  of  said  Schneeberger  and  of 
Christopher  J.  Loos,  junior;  thence  northerly  along  said  division 
line  between  said  lands,  to  a  point  in  the  division  line  between  the 
lands  of  said  Christopher  J.  Loos,  junior,  and  of  Joseph  Costich; 
thence  easterly  along  said  division  line  between  said  lands  of  said 
Loos  and  Costich  to  a  point  in  the  aforesaid  northerly  line  of  right 
of  way;  thence  northeasterly  along  said  right  of  way,  following 
its  several  courses,  across  the  land  of  said  Joseph  Costich,  junior, 
to  a  point  in  the  west  line  of  the  Forest  House  road,  so  called; 
thence  easterly  across  the  said  Forest  House  road  to  a  point  in  the 
east  line  thereof  where  the  northerly  line  of  the  said  right  of  way 
of  the  east  side  trunk  sewer  overflow  across  the  land  of  Sepherine 
Costich  meets  the  same ;  thence  northeasterly  along  said  northerly 
line  of  said  right  of  way,  following  its  several  courses,  across  the 
land  of  said  Sepherine  Costich,  to  a  point  in  the  division  line  be- 
tween the  lands  of  said  Sepherine  Costich  and  of  Gilbert  Costich; 
thence  westerly  along  said  division  line  between  said  lands  of 
said  Sepherine  Costich  and  Gilbert  Costich  to  a  point  where  the 
northerly  line  of  said  right  of  way  of  said  east  side  trunk  sewer 
overflow  across  the  lands  of  said  Gilbert  Costich  pursuant  to  an 
easement  given  by  said  Gilbert  Costich  and  wife  to  the  city  of 
Rochester  and  recorded  in  Monroe  county  clerk's  office  in  liber 
six  hundred  and  seventy-six  of  deeds  at  page  twenty-one, 
meets  the  same;  thence  northeasterly  along  sarid  northerly  line  of 
said  right  of  way,  following  its  several  courses,  across  the  land  of 
said  Gilbert  Costich  to  a  point  in  the  division  line  between  the 
lands  of  said  Gilbert  Costich  and  of  Lewis  Herman ;  thence  south- 
erly along  said  division  line  between  the  said  lands  of  Costich  and 


25 

Herman,  to  a  point  where  the  said  northerly  line  of  the  said  right 
of  way  across  the  lands  of  said  Lewis  Herman  meets  the  same ; 
thence  easterly  and  northerly  along  said  northerly  line  of  right  of 
way,  following  its  several  courses,  across  the  lands  of  said  Lewis 
Herman,  to  a  point  in  the  southerly  line  of  l^orton  street,  so 
called  ;  thence  northerly  across  said  ISTorton  street  to  a  point  in  the 
northerly  line  thereof  where  the  said  northerly  line  of  said  right 
of  way  across  the  lands  of  Richard  Costich  meets  the  same ;  thence 
northerly  and  easterly  along  said  northerly  line  of  right  of  way, 
following  its  several  courses,  across  tlie  land  of  said  Richard  Cos- 
tich to  a  point  in  the  division  line  between  the  land  of  said  Rich- 
ard Costich  and  Henry  Livingston ;  thence  easterly  along  said 
northerly  line  of  right  of  way  across  the  land  of  said  Henry  Liv- 
ingston to  a  point  in  the  division  line  between  the  lands  of  said 
Henry  Livingston  and  John  L.  Koehler;  thence  northerly  along 
said  division  line  between  the  lands  of  said  Henry  Livingston  and 
said  John  L.  Koehler,  to  a  point  where  the  northerly  line  of  said 
right  of  way  across  the  land  of  said  John  L.  Koehler  would  meet 
the  same;  thence  easterly  along  said  northerly  line  of  right  of  way, 
following  its  several  courses,  across  the  land  of  said  John  L.  Koeh- 
ler to  the  westerly  line  of  a  road  running  northerly  between  the 
lands  of  said  John  L.  Koehler  and  William  H.  Perrin ;  thence 
southerly  along  said  westerly  line  of  said  road  to  a  point  where 
the  northerly  line  of  said  right  of  way  across  the  lands  of  William 
H.  Perrin  extended  westerly  across  said  road  meets  the  same ; 
thence  easterly  along  said  extended  line  and  the  said  northerly  line 
of  said  right  of  way,  following  its  several  courses,  across  the  land 
of  said  William  H.  Perrin  to  a  point  in  the  division  line  between 
the  land  of  said  William  H.  Perrin  and  Frank  H.  Erbland ;  thence 
northerly  along  said  division  line  between  the  lands  of  said  Wil- 
liam H.  Perrin  and  said  Frank  H.  Erbland  to  a  point  where  the 
said  northerly  lino  of  said  right  of  way  across  the  lands  of  said 
Frank  H.  Erbland  meets  the  same;  thence  easterly  and  northerly 
along  said  northerly  line  of  said  right  of  way,  following  its  several 
courses,  across  the  land  of  said  Frank  H.  Erbland  to  a  point  in  the 


26 

division  line  between  the  lands  of  said  Frank  H.  Erbland  and 
George  A.  Meisenzahl;  thence  northerly  and  easterly  along  said 
northerly  and  westerly  line  of  right  of  way,  following  its  several 
courses,  across  the  land  of  said  George  A.  Meisenzahl,  to  a  point 
in  the  division  line  between  the  lands  of  said  George  A.  Meisen- 
zahl and  Josepha  Zwerger ;  thence  northerly  and  easterly  along  said 
right  of  way,  following  its  several  courses,  across  the  land  of  said 
Josepha  Zwerger  to  a  point  in  the  division  line  between  the  landa 
of  said  Josepha  Zwerger  and  J.  Sebastian  Zwerger ;  thence  easterly 
along  said  northerly  line  of  right  of  way,  following  its  several 
courses,  across  the  land  of  said  J.  Sebastian  Zwerger,  to  a  point  in 
the  division  line  between  the  lands  of  said  J.  Sebastian  Zwerger 
and  Emil  Dozier;  thence  easterly  along  said  northerly  line  of 
right  of  way,  following  its  several  courses,  across  the  land  of 
said  Emil  Dozier,  to  a  point  in  the  division  line  between  the 
lands  of  said  Emil  Dozier  and  Caroline  Griebel ;  thence  easterly 
along  said  northerly  line  of  right  of  way,  following  its  several 
courses,  across  the  lands  of  said  Caroline  Griebel,  to  a  point  on 
the  westerly  shore  of  Trondequoit  bay;  thence  southerly  along  the 
westerly  shore  of  Irondequoit  bay  to  a  point  where  the  southerly 
line  of  said  right  of  way  of  the  east  side  trunk  sewer  through 
Densmore  creek  meets  the  same ;  thence  westerly  along  said  south- 
erly line  of  right  of  way,  following  its  several  courses,  across  the 
land  of  said  Caroline  Griebel,  to  a  point  in  the  division  line  be- 
tween the  lands  of  said  Caroline  Griebel  and  J.  Sebastian 
Zwerger;  thence  westerly  along  said  right  of  way,  fol- 
lowing its  several  courses,  across  the  land  of  said  J. 
Sebastian  Zwerger,  to  a  point  in  the  division  line  be- 
tween the  lands  of  said  J.  Sebastian  Zwerger  and  Josepha 
Zwerger;  thence  westerly  and  southerly  along  said  southerly 
line  of  right  of  way,  following  its  several  courses,  across  the  land 
of  said  Josepha  Zwerger  to  a  point  in  the  division  line  between 
the  lands  of  said  Joseph^  Zwergor  and  George  A.  Meisenzahl; 
thence  southerly  and  westerly  along  said  southerly  and  easterly  line 

*  So  in  original. 


27 

of  right  of  way,  following  its  several  courses,  across  the  land  of  said 
George  A.  Meisenzahl  to  a  point  in  the  division  line  between  the 
lands  of  said  George  A.  Meisenzahl  and  Frank  H.  Erbland; 
thence  southerly  and  westerly  along  said  southerly  line  of  right  of 
way,  following  its  several  courses,  across  the  land  of  said  Frank 
H.  Erbland  to  a  point  in  the  division  line  between  the  lands  of 
said  Frank  H.  Erbland  and  William  H.  Perrin ;  thence  northerly 
along  said  division  line  between  the  lands  of  said  Frank  H.  Erb- 
land and  William  H.  Perrin,  to  a  point  where  the  said  southerly 
line  of  said  right  of  way  across  the  land  of  said  William  H.  Perrin 
meets  the  same ;  thence  westerly  along  said  southerly  line  of  right 
of  way,  following  its  several  courses,  across  the  land  of  said 
William  H.  Perrin,  and  along  said  southerly  line  of  said  right 
of  way  extended  westerly  across  a  road  running  northerly,  be- 
tween the  lands  of  said  William  H.  Perrin  and  John  L.  Koehler, 
to  a  point  in  the  westerly  line  of  said  road;  thence  southerly 
along  said  westerly  line  of  said  road  to  a  point  where  the 
southerly  line  of  said  right  of  way  of  the  east  side  trunk  sewer 
overflow  through  Densmore  creek  across  the  land  of  said  John 
L.  Koehler  meets  the  same;  thence  westerly  along  said  southerly 
line  of  said  right  of  way,  following  its  several  courses,  across  the 
land  of  said  John  L.  Koehler,  to  a  point  in  the  division  line  be- 
tween the  lands  of  said  John  L,  Koehler  and  Henry  Livingston; 
thence  northerly  along  said  division  line  between  the  lands  of  said 
John  L.  Koehler  and  Henry  T^ivingston  to  a  point  where  the 
southerly  line  of  said  right  of  way  across  the  land  of  said  Henry 
Livingston  meets  the  same;  thence  westerly  along  said  southerly 
line  of  said  right  of  way,  following  its  several  courses,  across  tho 
land  of  sai,i  Henry  Livingston  to  a  point  in  the  division  line  be- 
tween the  lands  of  said  Henry  Livingston  and  Richard  Costich ; 
thence  westerly  and  southerly  along  said  southerly  line  of  said 
right  of  way,  following  its  several  courses,  across  the  land  of 
said  Richard  Costich  to  a  point  in  the  northerly  line  of  Norton 
street,  so  called;  thence  along  said  southerly  line  of  right  of  way 
extended  to  a  point  in  the  southerly  line  of  said  Norton  street; 


28 

thence  easterly  along  said  southerly  line  of  said  Norton  street 
to  a  point  where  the  said  southerly  line  of  right  of  way  through 
the  land  of  Sepherine  Case  would  meet  the  same;  thence  south- 
westerly along  the  said  southerly  line  of  right  of  way  across  the 
land  of  said  Sepherine  Case  to  a  point  in  the  division  line  be- 
tween the  lands  of  said  Sepherine  Case  and  Lewis  Herman; 
thence  northerly  along  said  division  line  between  the  lands  of 
said  Sepherine  Case  and  Lewis  Herman  to  a  point  where  the  said 
southerly  line  of  right  of  way  across  the  said  land  of  said  Lewis 
Herman  meets  the  same ;  thence  southwesterly  along  said  southerly 
line  of  right  of  way,  following  its  several  courses,  across  the  land 
of  said  Lewis  Herman  to  a  point  in  the  division  line  between  the 
lands  of  said  Lewis  Herman  and  Gilbert  Costich;  thence  west- 
erly and  southwesterly  along  said  southerly  line  of  right  of  way, 
following  its  several  courses,  across  the  land  of  said  Gilbert  Cos- 
tich to  a  point  in  the  division  line  between  the  lands  of  said 
Gilbert  Costich  and  Sepherine  Costich;  thence  westerly  along 
said  southerly  line  of  right  of  way  across  the  land  of  said 
Sepherine  Costich,  following  its  several  courses,  to  a  point  in  the 
easterly  line  of  the  Forest  House  road,  so  called ;  thence  westerly 
across  said  Forest  House  road  to  a  point  in  the  westerly  line 
thereof  where  the  southerly  line  of  said  right*  of  way  of  the  east 
side  trunk  sewer  overflow  through  Densmore  creek,  across  the 
land  of  Joseph  Costich,  junior,  meets  the  same;  thence  south- 
westerly along  said  southerly  line  of  said  right  of  way,  following 
its  several  courses,  across  the  land  of  said  Joseph  Costich,  jimior, 
to  a  point  in  the  division  line  between  the  lands  of  said  Joseph 
Costich,  junior,  and  Christopher  J.  Loos,  junior;  thence  south- 
westerly along  said  southerly  line  of  said  right  of  way,  following 
its  several  courses,  across  the  land  of  said  Christopher  J.  Loos, 
jimior,  to  a  point  in  the  division  line  between  the  lands  of  said 
Christopher  J.  Loos,  junior,  and  Rudolph  and  John  Schneeberger ; 
thence  southerly  along  said  division  line  between  the  lands  of 
said  Loos  and  Schneeberger  to  a  point  in  the  division  line  between 


29 

the  lands  of  said  Sclmeeberger  and  Joseph  Costich,  junior ;  thence 
westerly  along  said  division  line  between  the  lands  of  said  Schnee- 
berger  and  Costich  to  a  point  in  the  southerly  line  of 
said  right  of  way  of  said  east  side  trunk  sewer  over- 
flow, across  the  land  of  said  Joseph  Costich,  junior, 
where  it  meets  the  same;  thence  southwesterly  along  the 
southerly  line  of  said  right  of  way,  across  the  land  of  said 
Joseph  Costich,  junior,  to  a  point  in  the  easterly  line  of  the 
highway  called  Waring  road;  thence  along  said  southerly  line  of 
said  right  of  way  extended  westerly  across  said  Waring  road,  to 
a  point  in  the  w^esterly  line  thereof;  thence  southeasterly  along 
said  southerly  line  of  said  Waring  road  and  the  said  line  extended 
to  the  intersection  with  the  center  of  Clifford  street;  thence 
westerly  along  the  said  center  of  Clifford  street  to  the  place  of 
beginning,  constitutes  the  twenty-second  ward. 

AETICLE  II. 

Officees. 

Section  14.  Elective  officers. 

15.  Appointive  officers. 

16.  Qualifications. 

17.  Term  of  office  of  elective  officers. 

18.  Term  of  office  of  appointive  officers. 

19.  Certificate  of  appointment. 

20.  Official  oath  and  undertaking. 

21.  Fixed  salaries. 

22.  Power  to  authorize  expenditures. 

23.  Expenditures  in  excess  of  appropriations  prohibited. 

24.  Additional  fees  or  compensation  not  to  be  paid. 

25.  Officers  not  to  be  interested  in  contracts. 

26.  Restrictions  as  to  holding  office. 

27.  Charges  against  city  officers. 

28.  Estimates  of  departments. 

29.  Annual  reports. 


30 

Section  oO.     Vaciineics.  , 

31.  Kcsignations. 

32.  Elections. 

Section  14.  Elective  officers. —  Tho  officers  elected  by  the 
electors  of  the  city  arc :  mayor,  president  of  the  common  council, 
comptroller,  treasurer,  four  assessors,  five  commissioners  of  schools, 
police  justice,  and  two  judges  of  the  municipal  court.  The  of- 
ficers elected  by  the  electors  of  each  ward  are:  alderman,  super- 
visor and  constable. 

§  15.  Appointive  officers. —  Tho  officers  appointed  by  the 
mayor  are:  commissioner  of  public  works,  city  engineer,  twenty- 
one  commissioners  of  parks,  commissioner  of  public  safety,  com- 
missioner of  charities,  corporation  counsel,  three  commissioners 
of  Mount  Hope,  four  commissioners  of  markets,  three  examiners 
of  stationary  engineers,  two  midwife  examiners,  commissioners  of 
deeds,  and  such  other  officers  as  he  is  authorized  to  appoint  by 
this  act  or  otherwise  by  law,  or  whose  appointment  is  not  otherwise 
provided  for. 

§  16.  Qualifications. —  Every  person  appointed  or  elected  to 
office  must  reside  in  the  city  at  least  five  months  previous  to  his 
election  or  appointment.  A  person  elected  to  the  office  of  alder- 
man, supervisor  or  constable  must  reside  in  the  ward  from 
which  he  is  elected  at  least  five  months  previous  to  his  election. 
No  person  is  eligible  to  the  office  of  police  justice,  judge  of  the 
municipal  coui't,  or  corporation  counsel,  unless  he  has  been  ad- 
mitted to  practice  as  an  attorney  and  counselor  in  the  courts  of 
the  state  of  Xew  York  and  has  had  at  least  five  years'  active  prac- 
tice in  his  profession;  or  to  the  office  of  city  engineer  unless  he 
is  a  civil  engineer  and  has  had  at  least  five  years'  active  practice 
in  his  profession;  or  to  the  office  of  midwife  examiner  unless  be 
is  a  physician  and  surgeon  duly  authorized  to  practice  medicine 
under  the  laws  o^  this  state  and  has  had  at  least  five  years'  active 
practice  in  his  profession.  The  qualifications  of  examiners  of 
stationary  engineers  may  be  determined  from  time  to  time  by 


31 

ordinance  of  the  common  council.  If  an  officer  remove  from  the 
city,  or  an  alderman,  supervisor  or  constable  remove  from  the 
ward  from  which  he  is  elected,  his  office  thereupon -becomes  vacant. 

§  17.  Term  of  office  of  elective  officers The    term    of    office 

of  each  elective  officer  commences  on  the  first  day  of  January  suc- 
ceeding his  election  and  is  for  a  period  of  two  years,  except  that 
the  term  of  office  of  commissioners  of  schools  and  assessors  is  four 
years,  of  the  police  justice  and  the  judges  of  the  municipal  court, 
six  years. 

§  18.  Term  of  office  of  appointive  officers. —  The  term  of  office 
of  midwife  examiners  is  two  years;  of  commissioners  of  Mount 
Hope,  of  commissioners  of  markets,  and  of  examiners  of  stationary 
engineers,  three  years ;  and  of  commissioners  of  parks,  four  years ; 
such  term  of  office  to  be  computed  from  the  first  day  of  January 
in  the  year  iu  which  the  appointment  is  made.  The  term  of  office 
of  commissioner  of  deeds  is  of  such  duration  as  is  or  may  be 
fixed  by  law.  All  other  officers  appointed  by  the  mayor  hold  office 
during  his  pleasure,  unless  otherwise  specified  in  this  act  or  by 
law. 

§  19.  Certificate  of  appointm-ent. —  Every  appointment  to  a 
city  office  must  be  made  by  a  certificate  in  writing  signed  by  the 
appointing  officer,  or  if  made  by  a  board,  by  the  presiding  officer 
thereof,  and  filed  in  the  office  of  the  city  clerk. 

§  20.  Official  oath  and  undertaking —  Every  officer,"  before 
entering  upon  his  duties,  must  file  with  the  city  clerk  the  con- 
stitutional oath  of  office,  and  if  required  by  ordinance  of  the 
common  council,  an  undertaking  in  the  amount  required  by  such 
ordinance,  approved  by  the  mayor  as  to  the  sufficiency  of  the 
sureties  and  by  the  corporation  counsel  as  to  its  form  and  validity. 
In  case  any  officer  fail  to  file  the  oath  of  office  or  an  undertaking 
if  required,  within  fifteen  days  after  the  commencement  of  his 
term  of  office,  if  an  elective  office,  and  if  an  appointive  office, 
within  fifteen  days  after  he  enters  upon  his  duties,  his  office  is 
deemed  vacant  and  the  vacancy  must  be  filled  as  herein  provided. 

§  21.  Fixed  salaries. —  The  annual  salary  of  the  mayor  is 
Chap.  755  3 


32 

five  lliousaiicl  dollar.s;  of  the  coniplroller,  three  thousand  five  hun- 
dred dollars ;  of  the  treasurer,  three  thousand  five  hundred  dollars ; 
of  each  commissioner  of  schools,  twelve  hundred  dollars;  of  the 
president  of  the  common  council,  one  thousand  dollars;  of  each 
alderman,  seven  hundred  and  fifty  dollars.  The  salary  of  each 
midwife  examiner  is  ten  dollars  per  day  for  each  day  actually 
engaged  in  the  performance  of  duties  as  such. 

§  22.  Power  to  authorize  expenditures The  heads  of  de- 
partments, the  separate  boards  provided  for  in  this  act  or  other- 
wise by  law,  and  the  judges  of  courts,  are  empowered  to  authorize 
expenditures  of  money  in  their  respective  departments,  boards  or 
courts,  except  that  in  the  department  of  finance  the  comptroller 
and  the  treasurer  are  empowered  to  authorize  expenditures  of 
money  for  their  respective  offices ;  and  the  board  of  estimate  and 
apportionment  is  empow^ered  to  authorize  expenditures  from  the 
contingent  appropriation  or  other  appropriations  made  for  the 
general  purposes  of  the  city.  Such  power  to  authorize  expendi- 
tures of  money  is  subject  to  the  methods  and  limitations  otherwise 
imposed  by  this  act  or  by  law  as  to  the  expenditures  of  money. 

§  23.  Expenditures  in  excess  of  appropriations  prohibited ISTo 

department,  board,  court  or  officer  is  permitted  during  any 
fiscal  year  to  expend  or  contract  to  be  expended  any  money,  or  to 
enter  into  any  contract  which  by  its  teniis  involves  the  expendi- 
tures of  money  in  excess  of  the  amounts  appropriated  in  the  annual 
estimate  adopted  by  the  common  council  or  othenvise  lawfully 
added  thereto  for  such  department,  board,  court  or  office  for  such 
fiscal  year;  and  the  board  of  estimate  and  apportionment  is  not 
permitted  during  any  fiscal  year  to  expend  or  contract  to  be  ex- 
pended any  money,  or  to  enter  into  any  contract  which  by  its  terms 
involves  the  expenditures  of  money  for  general  purposes  of  the 
city  in  excess  of  the  amounts  appropriated  in  the  annual  estimate 
adopted  by  the  common  council  or  otherwise  lawfully  added  thereto 
for  the  contingent  appropriation  or  other  appropriations  for  the 
general  purposes  of  the  city  for  such  fiscal  year;  and  in  cases  in 
which  this  act  provides  that  specific  appropriations  must  be  made 


33 

for  bureaus  in  departments,  this  prohibition  applies  to  expenditures 
in  excess  of  the  amounts  appropriated  in  the  annual  estimate 
adopted  by  the  common  council  or  otherwise  lawfully  added  thereto 
for  such  bureaus;  and  the  moneys  appropriated  for  such  bureaus 
must  not  be  used  for  any  purposes  of  the  department  other  than 
those  of  the  bureau  for  wliich  the  appropriation  is  made.  Any 
contract,  verbal  or  written,  made  in  violation  of  this  section,  is 
null  and  void  as  to  the  city,  and  no  luonej's  belonging  to  the  city 
must  be  paid  thereon ;  provided,  however,  that  nothing  herein 
contained  prevents  the  making  of  contracts  which  are  specifically 
authorized  by  this  act  to  be  made  for  periods  exceeding  one  year, 
Nothing  herein  contained  prohibits  the  .commissioner  of  public 
safety  from  expending  such  sums  or  incurring  such  debts  as  may 
be  actually  necessary  to  prevent  the  spread  of  or  to  suppress  any 
contagious  or  infectious  disease  or  any  epidemic  in  the  city,  in 
addition  to  the  amount  appropriated  for  such  purpose  or  otherwise 
lawfully  added  thereto.  Any  officer  of  the  city  making  or  voting 
for  any  contract  prohibited  by  this  section,  or  certifying  any  ac- 
count or  claim  or  making  any  requisition  prohibited  thereby,  is 
guilty  of  a  misdemeanor. 

§  24.  Additional  fees  or  compensation  not  to  be  paid. —  JSTo  officer 
of  the  city  receiving  a  stated  salary  or  compensation,  except 
corporation  counsel,  may  have  or  receive  to  his  use 
any  perquisites,  compensation  or  fees  for  services  per- 
taining directly  or  indirectly  or  which  may  hereafter  be  added  to 
the  duties  of  his  office,  in  addition  to  his  salary;  and  all  per- 
quisites, compensation  and  fees  paid  to  and  received  by  any  such 
officer  for  seiwices  pertaining  directly  or  indirectly  or  which  may 
hereafter  be  added  to  the  duties  of  his  office,  other  than  his  salary 
received  from  the  city,  are  the  property  of  the  city  and  must  be 
paid  by  the  officer  receiving  the  same  into  the  city  treasury. 

§  25.  Officers  not  to  be  interested  in  contracts. —  Every  officer 
and  employee  of  the  city  is  prohibited  from  being  interested, 
directly  or  indirectly,  in  any  contract  to  which  the  city  is  a  party, 


34 

either  as  priiicipjil,  siiroty  oi*  otherwise;  or  in  any  purchase- from 
or  sale  to  the  city,  its  boards  or  officers,  of  any  real  or  personal 
property ;  or  in  any  work  performed  for  or  services  rendered  to 
the  city,  its  boards  or  officers,  other  than  the  work  or  services  im- 
posed upon  them  by  their  office  or  position.  Any  contract  made 
in  violation  of  these  provisions  is  void.  This  section  does  not 
apply  to  financial  transactions  between  financial  institutions  and 
the  city,  its  boards  or  officers,  and  does  not  include  a  commissioner 
of  deeds. 

§  26.  Restrictions  as  to  holding  office. —  No  person  may  at  the 
same  time  hold  more  than  one  city  office,  and  upon  the  acceptance 
Df  a  second  office  the  first  office  becomes  vacant.  The  term  "  city 
^fiice  "  as  used  in  this  section  does  not  include  that  of  commissioner 
of  deeds  or  constable. 

§  27.  Charges  against  city  officers. —  Any  officer  of  the  city  or 
clerk  of  the  police  court  or  municipal  court  may  be  removed  for 
cause,  after  due  notice  and  an  opportunity  of  being  heard,  by  the 
appellate  division  of  the  supreme  court,  fourth  department,  in  a 
proceeding  instituted  by  the  petition  of  at  least  three-fourths  of  all 
the  members  of  the  common  council.  TTiis  section  does  not  restrict 
the  right  of  removal  otherwise  vested  in  any  board  or  official  of  the 
city,  but  is  an  additional  method  of  removal  in  such  cases. 

§  28.  Estimates  of  departments. —  On  or  before  the  first  day  of 
J^ovember  in  each  year,  all  heads  of  departments,  boards,  judges  of 
courts,  and  officers  empow^ered  to  authorize  expenditures  of  money, 
except  Mount  Hope  commission,  must  furnish  to  the  mayor  esti- 
mates in  writing  of  the  amount  required  for  expenditures  for  the 
next  fiscal  year  in  their  respective  departments,  boards,  courts  or 
offices,  including  an  estimate  for  bureaus  for  which  separate  appro- 
priations are  to  be  made;  provided,  however,  that  the  estimate 
of  the  department  of  public  instruction  must  be  submitted  on  or 
before  the  thirty-first  day  of  December  in  each  year. 

§  29.  Annual  reports —  All  heads  of  departments,  boards, 
judges  of  courts  and  officers  empowered  to  authorize  expenditures 


35 

of  money,  must  present  to  the  mayor,  on  or  before  the  thirty-first 
day  of  December  in  each  year,  a  report  of  their  proceedings 
during  the  current  year. 

§  30.  Vacancies. —  Vacancies  in  elective  offices  arising  other- 
Avise  than  by  expiration  of  term  are  filled  as  follows :  If  in  the 
office  of  mayor,  the  president  of  the  common  council  becomes 
mayor  during  the  unexpired  term ;  if  in  the  office  of  president  of 
the  common  council,  the  president  pro  tempore  of  the  common 
council  be<!omes  president  of  the  common  council  during  the  unex- 
pired term;  if  in  the  office  of  alderman,  it  is  filled  by  appointment 
by  the  common  council  for  the  unexpired  term ;  if  in  the  office  of 
supervisor,  it  is  filled  by  appointment  by  the  common  council,  and 
the  person  so  appointed  holds  office  until  the  first  day  of  January 
succeeding  the  next  annual  election,  at  which  a  successor  must  be 
elected  for  the  remainder  of  the  unexpired  term,  if  any;  if  in  the 
office  of  assessor  or  commissioner  of  schools,  it  is  filled 
by  appointment  by  the*  mayor  for  the  unexpired  term ; 
if  in  any  other  elective  office,  it  is  filled  by  appoint- 
ment by  the  mayor,  and  the  person  so  appointed  holds  office 
until  the  first  day  of  January  succeeding  the  next  city  election,  at 
which  a  successor  must  be  elected  for  the  full  term.  A  vacancy 
in  an  appointive  office  for  which  a  definite  term  of  office  is  pre- 
scribed, arising  otherwise  than  by  expiration  of  term,  is  filled  for 
the  unexpired  term  by  appointment  by  the  board  or  officer  author- 
ized to  make  appointment  to  such  office  for  the  full  term. 

§  31.  Resignations. —  Resignations  of  elective  officers  must  be 
made  and  presented  to  the  mayor,  and  of  all  other  officers,  to  the 
appointing  board  or  officer ;  and  the  board  or  officer  to  whom  such 
resignation  is  presented  must  thereafter  file  the  same  in  the  office 
of  the  city  clerk. 

§  32.  Elections —  The  city  election  is  held  in  each  odd-num- 
bered year,  in  accordance  with  and  in  the  manner  now  or  hereafter 
provided  in  the  election  law,  and  there  must  be  elected  thereat 
successors  to  all  elective  officers  whose  terms  of  office  expire  on  the 
first  day  of  January  following. 


36 

AETICLE    III. 

Mayok. 

Section  43.  Executive  power. 

44.  Acting  mayor. 

45.  Secretary  and  subordinates. 

46.  Consultation  with  heads  of  departments. 

47.  iDuties  of  mayor. 

48.  Execution  of  deeds  and  contracts. 

49.  Examination  of  books  and  accounts. 

50.  Additional  powers  and  duties. 

Section  43.  Executive  power. —  The  executive  power  of  the  city 
is  vested  in  the  mayor  and  in  such  executive  officers  and  depart- 
ments as  are  or  may  be  created  by  law  or  by  ordinance  of  the 
common  council. 

§  44.  Acting  mayor. —  In  case  the  mayor  is  temporarily  absent 
from  the  city,  or  is  prevented  from  attending"  to  the  duties  of  office 
by  sickness  or  disability,  the  president  of  the  common  council 
acts  as  and  possesses  all  the  rights  of  mayor  during  such  period 
of  absence,  disability  or  sickness;  but  he  is  not  permitted,  unless 
such  absence,  disability  or  sickness  has  continued  for  a  period  of 
at  least  thirty  days,  to  exercise  any  power  of  appointment  or 
removal  from  office ;  or  unless  it  has  continued  for  a  period  of  at 
least  nine  days,  to  sign,  approve  or  disapprove  any  ordinance  of 
the  common  council. 

§  45.  Secretary  and  subordinates —  The  mayor  has  power  to 
appoint  to  hold  office  during  his  pleasure,  a  secretary  and  such 
other  subordinates  as  may  be  j)i"escribed  by  the  board  of  estimata 
and  apportionment. 

§  46.  Consultation  with  heads  of  departments. —  The  mayor 
has  the  power  to  call  together  some  or  all  of  the  heads  of  the  city 
departments,  and  some  or  all  of  the  members  of  boards  and  officers, 
for  consultation  and  advice  upon  the  affairs  of  the  city,  as  often 
as  be  may  deem  advisable,  and  to  require  them  to  submit  to  him 


37 

such  reports  as  to  matters  under  their  control  and  management  aa 
he  may  deem  proper. 

§  47.  Duties  of  mayor. —  It  is  the  duty  of  the  mayor  to  see 
that  the  boards  and  officers  of  the  city  faithfully  perform  their 
duties;  to  maintain  peace  and  good  order  within  the  city;  to  take 
care  that  the  laws  of  the  state  and  the  ordinances  of  the  common 
council  are  executed  and  enforced  within  the  city ;  to  communicate 
by  written  message  to  the  common  council  at  least  once  a  year  a 
statement  of  the  finances  and  general  condition  of  the  affairs  of 
the  city,  with  such  recommendations  in  relation  thereto  as  he 
may  deem  proper,  and  to  give  such  information  in  relation  to  the 
same  as  the  common  council  may  from  time  to  time  require,  and 
to  annex  thereto  or  incorporate  therein  the  reports  of  heads  of 
departments,  boards  and  officers,  or  parts  thereof,  or  references 
thereto,  with  such  recommendations  as  he  may  deem  proper;  to 
call  a  special  meeting  of  the  common  council  whenever  in  his  judg- 
ment it  is  required  by  public  necessity ;  and  to  receive  and  examine 
into  all  complaints  made  against  any  officer  of  the  city  for  neglect 
of  duty  or  malfeasance  in  office. 

§  48.  Execution  of  deeds  and  contracts —  It  is  the  duty  of  the 
mayor  to  execute  on  behalf  of  the  city  all  deeds  and  contracts 
made  by  it  and  to  cause  to  be  affixed  thereto  the  city  seal,  unless 
it  is  specifically  provided  otherwise  herein. 

§  49.  Examination  of  books  and  accounts. —  The  mayor  has  au- 
thority at  all  times  to  examine  the  books  and  papers  of  any  depart- 
ment, board,  court,  officer  or  employee  of  the  city,  and  as  often  as 
he  may  deem  proper  to  appoint  one  or  more  competent  persons, 
whose  compensation  must  be  fixed  by  the  board  of  estimate  and  ap- 
portionment, to  examine  the  books  and  accounts  of  any  department, 
board,  court,  officer  or  employee,  and  to  adjust  the  same,  if  neces- 
sary, and  to  examine  the  money,  securities  and  property  belonging 
to  the  city  in  possession  or  charge  of  any  department,  board,  court, 
officer  or  employee ;  and  he  may  administer  oaths  to  witnesses  and 
take  affidavits  in  all  cases  relating  to  the  affairs  of  the  city. 

210675 


38 

§  r)0.  Additional  powers  and  duties.-  -  Tho  mayor  has  such 
other  powers  and  performs  such  other  duties  as  may  he  prescribecl 
in  this  act  or  by  other  laws  of  the  state  or  hy  ordinance  of  the 
common  council  not  inconsistent  with  law.  In  case  of  riot  or 
insnnvc'tion  the  mayor  uiay  tako  eoininaiul  of  the  whole  police 
force  and  he  may  for  the  occasion  appoint  and  commission  as 
many  special  policemen  as  he  may  deem  necessary,  who  shall 
have  all  the  powers  of  regular  members  of  the  police  force. 

ARTICLE  IV. 

Board  of  Estimate  and  Apportionment. 

Section  61.  Board  of  estimate  and  apportionment. 

62.  Annual  estimate. 

63.  Annual  appropriations. 

64.  Emergency  fund. 

65.  Salaries. 

66.  Hearing  upon  appeal  from  audit. 

67.  Powder  to  cancel  or  remit  taxes. 

Section  Gl.  Board  of  estimate  and  apportionment. — The  l)oard 
of  estimate  and  apportionment  consists  of  the  mayor,  who  is  presi- 
dent thereof,  comptroller,  corporation  counsel,  president  of  the 
common  council  and  the  city  engineer,  except  that  when  the 
number  of  subordinates  or  the  salaries  thereof  in  the  department 
of  any  of  the  members  of  the  board  are  to  be  fixed  or  determined, 
the  treasurer  temporarily  takes  the  place  of  the  member  whose 
number  of  subordinates  or  the  salary  thereof  is  under  considera- 
tion, for  the  purpose  of  fixing  such  salaries  or  number  of  sub- 
ordinates. The  members  of  the  board  must  meet  upon  the  call 
of  the  mayor  or  as  directed  by  the  board,  and  the  city  clerk  acts 
as  secretary  thereof  and  must  keep  a  journal  of  all  proceedings  of 
the  board. 

§  G2.  Annual  estimate —  Within  forty-five  days  after  the  com- 
mencement of  each  fiscal  year  the  board  of  estimate  and  apportion- 
ment must  make  an  itemized  statement  in  writing  of  the  estimated 


39 

revcimcs  and  expenditures  of  the  city  for  the  fiscal  year.  The 
estimate  of  expenditures  nmst  contain  an  estimate  of  the  several 
amounts  of  money  Avhich  the  board  of  estimate  and  apportionment 
deems  necessary  to  provide  for  the  following  departments,  bureaus, 
board:-,  courts  and  offices;  maj'or,  board  of  estimate  and  appor- 
tionment, common  council,  comptroller,  treasurer,  department  of 
assessment  and  taxation,  board  of  contract  and  supply,  department 
of  public  works,  water  works  bureau,  bureau  of  weights  and  meas- 
ures, department  of  engineering,  department  of  parks,  department 
of  public  safety,  police  bureau,  fire  bureau,  health  bureau,  bureau 
of  buildings,  department  of  charities,  department  of  public  in- 
struction, department  of  law,  police  court,  municipal  court,  market 
commission,  board  of  midwife  examiners,  board  of  examiners  of 
stationary  engineers,  municipal  civil  service  commission,  and 
other  boards  now  or  hereafter  created  by  law,  except  Mount  Hope 
commission;  also  the  amounts  of  money  required  to  be  paid  into 
siidjing  funds,  the  money  required  for  interest  on  bonds,  notes, 
and  other  indebtedness  of  the  city,  falling  due  during  the  fiscal 
year;  the  amount  of  any  judgments  recovered  against  the  city 
payable  during  the  fiscal  year;  and  all  other  sums  required  by 
law  or  necessary  to  be  raised  to  pay  the  expenses  of  conducting 
the  business  of  the  city  for  the  fiscal  year.  The  estimate  of  ex- 
penditures may  also  contain  an  estimate  of  funds  required  for  a 
contingent  appropriation  to  pay  general  expenses  of  the  city,  and 
for  such  other  appropriations  as  the  board  of  estimate  and  appor- 
tionment deems  proper;  and  may  contain  a  sum  not  exceeding 
seven  hundred  and  fifty  dollars  for  the  purpose  of  paying  the  ex- 
penses of  a  proper  observance  of  Memorial  Day  in  the  decoration 
of  the  graves  of  the  dead  soldiers,  sailors  and  marines  buried  in 
the  cemeteries  of  the  city  and  its  suburbs,  to  be  expended  under 
the  direction  of  the  various  veteran  organizations  of  the  city.  The 
estimate  of  expenditures  for  the  department  of  public  instruction 
must  not  be  less  than  a  sum  equal  to  twenty-five  dollars  per  capita, 
based  on  the  total  number  of  persons  enrolled  as  pupils  in  the 


40 

public  schools  for  the  year  ending  on  the  preceding  thirty-first 
day  of  December.  After  the  annual  estimate  has  been  completed, 
the  board  of  estimate  and  apportionment  must  submit  the  same  in 
final  form  to  the  common  council,  with  a  statement  in  writing  of 
such  reasons  for  such  estimate  as  it  may  deem  proper. 

§  63.  Annual  appropriations. — -  The  several  sums  estimated  for 
expenditures  contained  in  the  annual  estimate  as  adopted  by  the 
common  council,  become  appropriated  for  the  fiscal  year  in  the 
amounts  and  for  the  several  departments,  bureaus,  boards,  courts, 
ofiices  and  appropriations  as  therein  specified.  When  any  moneys 
or  revenues  are  received  by  the  city  or  any  department,  board  or 
officer  thereof,  from  any  source  other  than  by  municipal  tax  and 
which  are  not  otherwise  appropriated  or  directed  by  law  to  be 
applied,  such  moneys  or  revenue  may  be  used  and  applied  toward 
and  in  addition  to  the  funds  appropriated  as  aforesaid,  in  such 
manner  as  the  board  of  estimate  and  apportionment  may  direct. 
,  §  64.  Emergency  fund —  The  board  of  estimate  and  apportion- 
ment may  create  in  any  department,  bureau,  board,  court  or  office 
for  which  moneys  are  appropriated  in  the  annual  estimate,  from 
the  moneys  so  appropriated,  an  emergency  fund^ot  exceeding  the 
sum  of  five  hundred  dollars,  which  sum  may  be  expended  by  the 
board  or  ofiicer  empowered  to  authorize  expenditures,  subject  to 
such  rules  and  regulations  therefor  as  the  board  of  estimate  and 
apportionment  may  make;  and  claims  must  thereafter  be  pre- 
sented for  the  moneys  so  expended,  and  audited  in  the  same  man- 
ner as  other  claims,  and  when  so  audited  the  moneys  must  be 
repaid  into  said  fund ;  provided,  however,  that  the  balance  therein 
at  the  end  of  the  year  must  be  applied  as  are  other  unexpended 
balances  of  the  department,  bureau,  board,  court  or  office. 

§  65.  Salaries. — ^"The  board  of  estimate  and  apportionment  has 
authority,  except  as  otherwise  provided  herein  or  by  law,  to  fix 
the  salaries  and  compensation  of  all  officers  and  employees  of  the 
city,  and  to  determine  that  any  officer  is  not  to  receive  salary; 
but  the  annual  salary  of  the  police  justice  must  be  fixed  at  not  less 
than  three  thousand  five  hundred  dollars,  and  of  each  of  the  judges 


41 

of  the  nuniicipal  court  at  not  less  than  three  thousand  dollars; 
and  the  salary  of  every  officer  and  employee  ninst  be  fixed  before 
his  election  or  appointment,  and  mnst  be  fixed  for  the  entire  term 
of  officers  and  employees  elected  or  appointed  for  a  definite  term. 
The  salary  or  compensation  of  officers  and  employees  not  elected 
or  appointed  for  a  definite  term  may  be  changed  during  the  month 
of  January  of  any  year. 

§  60.  Hearing  upon  appeal  from  audit — -Upon  the  hearing  of 
an  appeal  from  an  audit,  the  treasurer  sits  as  a  member  of  the 
board  of  estimate  and  apportionment  in  place  of  the  comptroller. 
The  board  must  make  rules  for  procedure  upon  the  hearing  of 
appeals,  and  it  has  authority  to  take  evidence  and  examine  and 
swear  witnesses  and  to  issue  subpoenas  for  the  attendance  of  wit- 
nesses, and  to  audit  the  claim  appealed  from  at  such  amount  as  it 
deems  proper.  In  case  the  audit  of  the  comptroller  is  reduced 
upon  appeal  and  the  full  amount  has  been  paid  to  the  claimant 
under  such  audit,  the  city  or  any  taxpayer  has  a  right  of  action 
to  recover  the  difference  so  paid. 

§  G7.  Power  to  cancel  or  remit  taxes. —  The  board  of  estimate 
and  apportionment  has  power  to  reduce  any  tax  or  assessment,  02 
to  cancel  or  remit  the  same,  or  any  part  thereof,  or  the  whole,  or 
any  part  of  interest,  penalties  and  fees  thereon,  upon  such  con- 
ditions as  it  deems  proper,  subject  to  the  approval  of  the  common 
council,  in  all  cases  in  which  a  written  petition  signed  by  a  person 
interested  or  by  the  treasurer  or  one  of  the  assessors  of  the  city  of 
Rochester,  stating  why  such  tax  or  assessment  should  be  cancelled, 
remitted  or  reduced,  is  filed  with  it;  and  the  board  may  refer 
such  petitions  to  a  committee  to  be  composed  of  officers  of  the  city 
to  be  designated  by  said  board,  and  it  is  the  duty  of  the  officers  so 
designated  to  inquire  into  the  matter  contained  in  said  petitions, 
and  to  report  thereon  to  the  board  with  their  recommendations  in 
relation  thereto. 


42 

ARTICLE  V. 
Common  Council. 
Section     78.  Members. 

79.  President. 

80.  Organization. 

81.  Clerk. 

82.  Meetings. 

83.  Designation  of  official  papers. 

84.  Powers. 

85.  Legislative  power. 

8G.  Further  legislative  power. 

87.  Grant  of  franchises. 

88.  Acquisition  of  real  estate. 

89.  Ordinance  for  purchase  of  real  estate. 

90.  Ordinance  for  acquisition  of  real  estate  for  school 

purposes. 

91.  Sale  of  real  estate. 

92.  Lease  of  real  estate. 

93.  Sale  of  personal  property. 

94.  Power  to  establish  playgrounds. 

95.  Ordinance   authorizing   encroachment   upon    street. 

96.  Issue  of  bonds  and  notes. 

97.  Appropriations. 

98.  Regulation  of  duties  of  officers. 

99.  Regulation  of  office  hours  and  location  of  offices. 

100.  Grading  of  police  and  fire  force. 

101.  Ordinances  as  to  executive  functions. 

102.  Penal  ordinances. 

103.  Publication  of  penal  ordinances. 

104.  Granting  and  revocation  of  licenses.. 

105.  Adoption  of  annual  estiuiato. 
IOC.  Tax  budget. 

107.  Meeting  for  confirming  annual  tax  rolls  and  levying 
taxes. 


i3 

Section  108.   Confirmation  of  annual  tax  rolls. 

109.  Levy  of  annual  taxes. 

110.  Power  as  to  construction  of  public  buildings  and 

works. 

111.  Power  to  require  improvements. 

112.  Apportionment  of  expense  of  public  improvements. 

113.  First  ordinance  for  improvements. 

114.  Amendment  of  first  ordinance  for  improvements. 

115.  Petitions  for  pavements. 

IIG.  Final  ordinance  for  improvements. 

117.  Pequirements  for  passage  of  final  ordinance. 

118.  Ordinance  for  east  side  trunk  sewer  assessment. 

119.  Confirmation  of  local  assessment  rolls. 

120.  Correction  of  errors  in  taxes  and  assessments  and 

re-assessment  of  same. 

121.  Alteration  of  names  and  grades,  and  discontinuance 

of  streets. 

122.  Legislative  acts. 

123.  Procedure  after  passage  of  ordinance. 

124.  Pecord  of  ordinances. 

125.  Ordinances  and  proceedings  as  evidence. 

126.  Injunctions  to  restrain  violations  of  ordinances. 

127.  Power  to  incur  expense  restricted. 

Section  78.  Members. —  The  common  council  is  composed  of  the 
aldermen. 

§  79.  President. —  The  president  of  the  common  council  pre- 
sides at  all  meetings  thereof  and  discharges  such  other  duties  as 
may  be  defined  by  ordinance  of  the  common  council  and  other- 
wise by  law.  The  president  may  vote  upon  all  resolutions  and 
ordinances  submitted  to  the  common  council  for  its  action,  in  case 
of  a  tie  vote,  and  has  the  power  of  commissioner  of  deeds. 

§  80.  Organization. —  The  members  of  the  common  council  are 
required  to  meet  on  the  second  day  of  January  after  their  election, 
or  if  that  be  Sunday,  then  on  the  next  day,  and  organize,  and 


44 

must  at  that  meeting  or  as  soon  thereafter  as  possible,  elect  a 
president  pro  tempore  to  serve  during  the  term  for  wliich  it? 
members  were  elected,  and  who  acts  as  president  of  the  common 
conncil  during  the  temporary  absence  or  disability  of  that  official. 
In  case  the  president  pro  tempore  becomes  president  of  the  com- 
mon council  by  reason  of  a  vacancy  in  that  office,  he  is  entitled  to 
vote  as  a  member  of  the  common  council. 

§  81.  Clerk. —  The  common  council  must  choose  a  clerk  to  hold 
office  during  the  term  for  which  its  members  were  elected  unless 
sooner  removed  by  a  vote  of  three-fourths  of  all  the  members  of 
the  common  council.  He  is  the  city  clerk,  and  it  is  his  duty  to  at- 
tend the  meetings  of  the  common  council,  keep  a  journal  of  it.-' 
proceedings,  and  discharge  such  other  duties  as  may  be  prescribed 
by  law  or  ordinance.  He  may  appoint  to  hold  office  during  his 
pleasure,  a  deputy  and  such  other  subordinates  as  ma_y  be  pre- 
scribed by  the  board  of  estimate  and  apportionment.  It  is  the 
duty  of  the  clerk  to  transmit  to  the  head  of  CLch  department,  and 
the  clerk  of  each  board,  copies  of  all  ordinances  in  any  manner 
affecting  any  of  the  matters  of  which  any  such  department  or 
board  has  jurisdiction.  He  has  the  custody  of  the  city  seal.  The 
clerk  and  deputy  clerk  have  the  power  of  a  counnissioner  of  deeds. 

§  82.  Meetings. —  The  common  council  must  hold  regular 
meetings  at  times  to  be  determined  by  it.  The  president  of  the 
common  council  or  a  majority  of  its  members  may  call  a  special 
meeting  of  that  body  by  causing  a  written  notice  thereof,  specify- 
ing the  object  of  the  meeting,  to  be  served  by  tlie  city  clerk  upon 
each  member  personally  or  by  mail,  directed  to  liis  place  of  resi- 
dence or  place  of  business,  at  least  twenty-four  hours  before  the 
time  fixed  for  such  meeting. 

§  83.  Designation  of  official  papers At    the   first   meeting    of 

the  common  council  for  the  purpose  of  organization,  it  must  desig- 
nate two  daily  newspapers  published  in  the  eity  to  be  the  official 
papers  of  the  city.  Each  member  is  entitled  to  vote  for  one  pajjcr 
and  the  two  papers  having  the  highest  number  of  votes  shall  be  the 
official  papers  for  two  years  and  until  others  are  desig-nated.     The 


45 

common  council,  before  designating  official  papers,  may  receive 
rates  of  publication  from  publishers  of  newspapers,  including  the 
furnishing  of  a  sufficient  number  of  copies  of  the  minutes  of  each 
meeting,  and  spread  the  same  upon  its  minutes,  and  the  same 
shall  be  binding  in  case  papers  are  desig-nated  from  the  publishers 
of  which  rates  have  been  received.  The  ordinances  and  proceed- 
ings of  the  common  council  must  be  published  in  the  official  papers 
after  each  meeting;  and  the  proceedings  of  other  departments, 
boards  and  officers  if  required  to  be  published,  legal  notices, 
claims,  advertisements  and  all  other  notices  and  matters  published 
by  the  city,  its  departments,  boards  or  officers,  must  be  published 
at  the  rates  specified,  if  any,  in  the  official  papers,  or  if  required 
to  be  published  in  only  one  paper,  in  one  of  the  official  papers.  In 
case  an  official  paper  refuse  or  fail  to  act  as  such,  the  common 
council  may  designate  a  successor.  The  minutes  of  each  meeting 
of  the  common  council  must  be  printed  in  full  within  six  days 
after  its  adjournment,  and  distributed  by  the  clerk  to  each  member 
of  the  common  council,  to  the  head  of  each  department,  and  to 
each  board  of  the  city.  At  the  end  of  the  year  the  common 
council  must  cause  the  minutes-  to  be  printed,  indexed  and  bound 
in  adequate  number. 

§  84.  Powers. —  The  common  council  may  determine  the  rule^ 
of  its  own  proceedings  and  is  the  judge  of  the  election  and  quali- 
fications of  its  members.  Its  meetings  are  public  and  its  records 
open  to  public  inspection,  and  a  majority  of  all  its  members  con- 
stitute a  quorum  to  do  business.  It  may  compel  the  attendance 
of  absent  members  at  any  meeting  properly  called,  and  may 
punish  or  expel  a  member  for  disorderly  conduct,  for  a  violation 
of  its  rules,  or  for  official  misconduct,  or  declare  his  seat  vacant 
by  reason  of  absence  continuing  for  the  space  of  at  least  two 
months ;  but  no  member  may  be  expelled  and  no  vacancy  be  de- 
clared on  account  of  absence,  except  by  the  vote  of  three-fourths 
of  all  the  members  of  the  common  council,  after  the  delinquent 
member  has  had  an  opportunity  to  be  heard.  All  appointments 
and  designations  by  the  common  council  are  determined  upon  a 


46 

vote  taken  by  a  roll  call  of  its  members  and  an  entry  npon  the 
journal  of  the  choice  of  each  member  or  of  the  ayes  and  nays,  if 
any. 

§  ST).  Legislative  power. —  The  Icai^^lative  jiowor  of  the  city 
is  vested  in  the  common  council,  and  it  has  authority  to  enact 
ordinances  not  inconsistent  with  law  for  the  government  of  the 
city  and  the  management  of  its  business;  for  the  protection  of  its 
property  and  the  indemnification  of  the  city  against  loss  or  lia- 
bility, for  the  preservation  of  good  order,  peace  and  health,  fnr 
the  safety  and  welfare  of  its  inhabitants,  and  the  protection,  en- 
joyment and  security  of  their  property,  and  for  such  other  pur- 
poses as  the  interests  of  the  municipality  and  its  citizens  require. 
Its  authority,  except  as  otherwise  provided  in  this  act  or  by  law, 
is  legislative  only. 

§  80.  Further  legislative  power. —  In  addition  to  the  powers 
conferred  by  the  last  section,  the  common  councib  has  power  to 
adopt  ordinances  for  the  following  purposes  within  the  city : 

1.  To  regulate  and  provide  for  the  licensing  of  pawnbroking 
and  pawnbrokers,  auctions  and  auctioneers,  employment  agencies 
and  those  conducting  them,  peddling  and  peddlers,  junk  dealing 
and  junk  dealers,  temporary  sales  and  those  engaged  in  them, 
huckstering  and  hucksters  and  the  selling  of  hay,  straw  and  farm 
produce;  to  regulate  the  inspection  and  sealing  of  weights  and 
measures,  the  operation  and  speed  of  all  vehicles  upon  the  public 
streets,  highways  and  places ;  to  regulate  the  emission  of  smoke 
from,  and  to  prohibit  the  emission  of  dense  smoke  from  build- 
ings, boilers,  stationary  engines,  traction  engines,  railroad 
engines  and  locomotives,  boats  on  the  canal  or  river, 
and  from  all  other  sources;  to  regulate  the  construc- 
tion, alteration  and  repair  of  buildings  and  structures, 
and  to  provide  for  the  approval  of  plans  therefor ;  to 
'provide  for  the  licensing  of  dogs,  the  seizure  of  unlicensed  dogs, 
the  care  and  protection  of  lost,  strayed  and  homeless  dogs,  for 
securing  and  protecting  the  rights  of  the  owners  thereof,  for  the 
protection  of  the  public  against  dogs,  and  the  destruction  of  dan- 


.      47 

gerous  or  vicious  dogs  whether  licensed  or  not;  and  to  authorize 
the  mayor  to  enter  into  a  contract  with  an  incorporated  society 
for  the  prevention  of  crnelty  to  animals  having  jurisdiction  in  the_ 
city,  for  the  capture  and  impoundage  of  all  unlicensed  dogs,  and 
for  the  maintenance  of  a  shelter  for  lost,  strayed  or  homeless  dogs; 
provided,  however,  that  the  compensation  to  be  paid  therefor  must 
not  e.xcccd  in  any  one  year  the  amount  collected  by  the  city  from 
the  payment  of  license  fees  during  the  current  year  for  which  sucli 
contract  is  made. 

2.  To  regulate  and  control  the  laying,  maintenance,  alteration 
and  repair  of  subways,  conduits,  mains  and  pipes  in  and  under 
the  public  streets,  highways  and  places;  to  regulate  and  control 
the  erection,  construction  and  maintenance  of  poles,  cables  and 
wires  in,  upon,  over  and  under  the  public  streets,  highways  and 
places;  to  require  cables  and  wires,  except  trolley  wires  and  the 
necessary  guy  and  supporting  wires  used  in  connection  with  such 
trolley  wires,  erected  and  proposed  to  be  erected  upon  and  over  the 
public  streets,  highways  and  places  to  bo  placed  under  ground,  not 
exceeding  in  one  year  the  amount  which  may  be  placed  in  twenty 
miles  of  single  duct,  unless  the  ordinances  for  the  excess  over  said 
twenty  miles  are  unanimously  approved  by  the  board  of  estimate 
and  apportionment ;  to  regulate  and  control  the  opening  and 
excavation  of  public  streets,  highways  and  places  and  the  use  of 
public  streets,  highways  and  places,  or  any  part  thereof,  or  the 
space  above  or  underneath  them  for  any  purpose  wiiatever ;  to 
regulate  the  operation  and  speed  upon  and  over  public  streets, 
highways  and  places  of  locomotives,  engines  and  cars  u[ion  steam, 
electric  and  street  surface  railroads. 

3.  To  grant  all  rights  or  franchises  to  use  the  streets,  highways 
and  public  places  or  any  part  thereof  or  the  space  above  or  under- 
neath them,  for  any  purpose  whatever,  upon  such  terms  and  con- 
ditions as  it  deems  proper. 

All  franchises  or  rights  to  use  the  streets,  highways  and  public 
places,  acquired  by  any  corporation  and  not  exercised,  in  whole  or 
in  part,  which  are  repeal  able,  are  hereby  repealed  and  made  sub- 
Chap.  755  4 


.48 

ject  to  the  provisions  of  subdivision  throe  of  this  section.  All 
franchises  and  cliarters  of  corporations  hereafter  granted  shall  be 
taken  subject  to  subdivision  three  of  this  section. 

§  87.  Grant  of  franchises —  An  <.i-diuauce  authorizing  any 
franchise  must  be  passed  by  a  vote  of  three-fourths  of  all  the 
members  of  the  common  council,  and  must  provide  for  a  dispo- 
sition of  the  same  at  public 'auction  to  the  highest  bidder,  under 
proper  regulations  for  the  protection  of  the  city  and  after  public 
notice  to  be  published  once  each  week  for  three  weeks  in  the  oflScial 
papers ;  which  sale  must  be  approved  by  the  board  of  estimate  and 
apportionment  before  it  takes  effect.  The  common  council  may, 
subject  to  approval  by  the  mayor  and  the  board  of  estimate  and 
apportionment,  grant  to  the  owner  or  lessees  of  an  existing  fran- 
chise under  which  operations  are  being  actually  carried  on,  ad- 
ditional franchise  rights  or  extensions  in  the  street  or  streets  in 
which  the  said  franchise  exists,  without  advertisement  and  sale. 
ISTo  franchise  shall  be  granted  or  be  operative  for  a  period  longer 
than  twenty-five  years. 

§  88.  Acquisition  of  real  estate. —  All  purchases  or  other  ac- 
quisition by  the  city  of  real  estate  or  any  right  or  easement 
therein,  must  be  authorized  by  ordinance  of  the  common  council. 
This  section  does  not  apply  to  purchases  of  real  estate  or  rights 
or  easements  therein  for  school  purposes  or  in  actions  for  fora- 
closure  of  tax  liens. 

§  89.  Ordinance  for  purchase  of  real  estate. —  ^Vhenever  the 
common  council  determines  to  authorize  the  purchase  of  any  real 
estate  or  rights  or  easements  therein,  it  must  pass  an  ordinance 
containing  a  description  of  the  real  estate,  rights  or  easements  to 
be  acquired,  and  declaring  its  intention  to  acquire  the  same  and 
that  it  deems  the  same  necessary  for  municipal  purposes,  and 
directing  the  commissioner  of  public  works  to  purchase  the  same  at 
a  price  approved  by  the  board  of  estimate  and  apportionment, 
and  directing  the  corporation  counsel  in  case  the  commissioner  of 
public  "works  is  unable  to  purchase  such  real  estate,  rights  or  ease- 
ments at  a  price  approved  by  the  board  of  estimate  and  appor- 


49 

tionment,  to  institute  condemnation  proceedings  for  the  acquir3 
ment  of  the  same.  In  case  a  local  assessment  is  to  be  levied  for 
the  whole  or  any  part  of  the  expense  of  the  acquisition  of  such 
real  estate,  rights  or  easements,  the  common  council  must  proceed 
thereon  as  in  the  case  of  other  public  improvements  or  work  in- 
volving local  assessments,  and  may  in  the  ordinances  for  public 
improvements  or  work  involving  local  assessments,  direct  the 
acquisition  as  herein  provided  of  real  estate,  rights  or  easements 
necessary  to  be  acquired  for  the  purpose  of  making  such  public 
improvement  <;r  work. 

§  90.  Ordinance  for  acquisition  of  real  estate  for  school  purposes. 
—  Whenever  the  board  of  education  reports  to  the  common 
council  that  it  is  unable  to  purchase  real  estate,  rights  or  ease- 
ments deemed  necessary  by  it  for  school  purposes,  the  common 
ixuncil  may  pass  an  ordinance  containing  a  description  of  the 
real  estate,  rights  or  easements  to  be  acquired,  and  declaring  its 
intention  to  acquire  the  same,  and  that  it  deems  the  same  neces- 
sary for  municipal  purposes,  and  directing  the  corporation  coun- 
sel to  institute  condemnation  proceedings  for  the  acquirement  of 
the  same. 

§  91.  Sale  of  real  estate — All  sales  of  real  estate  or  of  any 
right  or  easement  therein,  belonging  to  the  city,  except  sections, 
lots  and  burial  places  in  Mount  Hope  cemetery,  must  be  made 
pursuant  to  authority  granted  by  ordinance  of  the  common  council 
passed  by  three-fourths  of  all  the  members,  and  must  be  sold  at 
public  auction  to  the  highest  bidder,  under  proper  regulation  as 
to  the  giving  of  security  and  after  public  notice  to  be  published 
once  each  week  for  three  weeks  in  the  official  papers;  and  tlie 
price  thereof  must  be  approved  by  the  board  of  estimate  and  ap- 
portionment before  the  sale  takes  effect. 

§  92.  Lease  of  real  estate. —  Except  as  otherwise  provided  in 
this  act,  all  leases  of  real  estate  or  of  any  right  or  easement 
therein  belonging  to  the  city,  must  be  made  pursuant  to  authority 
granted  by  ordinance  of  the  common  council,  and  upon  such  terms 


50 

and  conditions,  if  any,  as  are  specified  in  such  ordinance;  and  die 
amount  of  rental  thereof  must  be  a])])roved  by  the  board  of 
estimate  and  apportionment  before  the  lease  takes  effect, 

§  9;3.  Sale  of  personal  property. —  All  sales  of  personal  prop- 
erty belonging  to  the  city  must  be  made  j)ursuant  to  authority 
granted  by  ordinance  of  the  common  council,  and  the  price  thereof 
must  be  approved  by  the  board  of  estimate  and  apportionment 
before  the  sale  takes  effect. 

§  94.  Power  to  establish  playgrounds. — -  The  common  council 
has  power  by  ordinance  to  locate  and  establish  playgrounds,  and 
to  determine  that  a  small  park  or  square,  or  a  part  thereof,  may 
be  used  for  other  than  park  purposes,  and  to  thereupon  place  it  or 
such  part  thereof  under  the  control  of  the  proper  department, 
board  or  officer. 

§  95.  Ordinance  authorizing  encroachment  upon  street.^  An 
ordinance  authorizing  the  commissioner  of  public  \vorks  to  grant 
a  license  or  permission  for  an  encroachment  or  projection  over  or 
on  a  public  street,  highway  or  place,  or  for  the  construction  of 
areaways  and  cellars  beneath  sidewalks  of  tlie  public  streets,  high- 
ways and  places,  must  not  be  adopted  except  after  a  public  hear- 
ing of  which  notice  must  be  published  in  the  official  papers  for 
at  least  three  days;  and  the  ordinance  must  provide  for  the  filing 
of  a  bond  indemnifying  the  city  against  all  loss,  liability  or 
damage  therefrom ;  upon  which  bond  any  person  injured  by  such 
construction  may  sue ;  and  all  such  licenses  may  be  revoked  by 
the  common  council  at  any  time.  The  common  council  may  at 
any  time  revoke  any  such  license  heretofore  granted  by  it  or  by 
any  board  or  officer  of  the  city,  or  may  require  the  filing  of  a  bond 
of  indemnity  as  aforesaid  by  the  person  maintaining  such  a  con- 
struction heretofore  made. 

§  96.  Issue  of  bonds  and  notes. 

1.  The  common  council  has  power  from  time  to  time  to  borrow 
money  for  city  purjooses  and  to  cause  to  be  issued  therefor,  in 
amounts  designated  by  it,  notes  of  the  city  signed  as  directed  by 
it  and  running  for  a  period  not  exceeding  eight  months,  or  bonds 


51 

of  the  city  signed  by  (lie  mayor  and  treasurer,  sealed  with  the 
corporate  seal  and  countersigned  by  the  comptroller,  and  at  the 
option  of  the  common  council,  by  a  transfer  agent  designated  by 
it,  payable  and  transferable  at  such  places  as  the  common  council 
may  designate,  running  for  a  period  or  different  periods  deter- 
mined by  the  common  council  not  exceeding  thirty  years,  bearing 
int(!re.st  at  a  rate  fixed  by  the  common  council,  not  exceeding  four 
per  c(!ntum  per  annum,  and  to  be  sold  under  the  direction  of  the 
comptroller,  after  competition,  upon  sealed  proposals,  at  not  less 
th?n  par.  The  common  council  has  power  to  create  a  sinking  fund 
f'^r  th?  redemption  of  bonds  herein  authorized,  and  to  provide 
tiifit  there  must  be  deposited  therein  annually  fixed  sums  or  per- 
centages, of  the  appropriations  or  revenues  of  the  department, 
board,  bureau  or  office  for  the  benefit  of  which  the  bonds  are 
issued ;  or  it  may  provide  that  a  certain  sum  must  be  raised  an- 
nually by  taxes  and  added  to  such  sinking  fund ;  or  it  may  pro- 
vide other  means  of  paying  or  redeeming  the  Bonds  at  maturity; 
or  it  may  issue  the  same  without  creating  a  sinking  fund,  or  mak- 
ing other  provisions  for  the  redemption  thereof.  The  provisions 
of  any  general  law  or  special  law  do  not  a]iply  to  the  issuance 
and  sale  of  the  notes  and  bonds  herein  authorized. 

2.  The  common  council  must  forthwith,  upon  demand  of  the 
board  of  cducati(ju,  cause  to  be  issued  bonds  of  the  city  to  an 
amount  which,  together  with  the  bonds  heretofore  issued  pursuant 
to  the  provisions  of  chapter  five  hundred  and  forty-nine  of  the 
laws  of  nineteen  hundred  and  six,  do  not  exceed  three  hundred 
thousand  dollars,  to  be  known  as  school  bonds,  series  of  nineteen 
hundred  and  six  to  nineteen  hundred  and  nine,  to  draw  interest  at 
the  rate  of  four  per  centum  per  annum,  and  to  be  issued  in  denom- 
inations of  five  thousand  dollars  each,  and  to  be  made  payable  at 
such  places,  and  to  be  signed  and  countersigned  in  such  manner  as 
the  common  council  may  direct,  to  be  sold  by  the  comptroller  after 
competition  upon  sealed  proposals  at  not  less  than  par,  and  to  be 
issued  and  sold  during  the  years  nineteen  hundred  and  eight  and 
nineteen  hundred  and  nine  in  allotments  of  seventy-five  thousand 


52 

dollars  for  each  of  such  years,  respectively,  at  siieh  times  iind  in 
such  amounts  as  may  be  desired  by  the  board  of  education  as  certi- 
fied by  said  board  to  the  comptroller  of  the  city;  provided,  how- 
ever, that  if  in  either  or  any  of  the  years  nineteen  hundred  and 
six,  nineteen  hundred  and  seven  and  nineteen  hundred  and  ei^lit 
there  is  not  issued  and  sold  the  full  amount  of  seventy-five  thou- 
sand dollars  of  bonds,  then  the  balance  of  said  seventy-five  thou- 
sand dollars  of  bonds  authorized  to  be  issued  for  such  years  and 
not  issued,  nuiy  be  issued  and  sold  in  any  subsequent  year  up  to 
and  including  the  year  nineteen  hundred  and  nine,  in  addition  to 
the  seventy-five  thousand  dollars  of  bonds  authorized  for  such 
subsequent  year,  at  such  times  and  in  such  amounts  as  may  be 
desired  by  said  board  of  education  and  as  certified  by  i^t  to  the 
comptroller.  The  bonds  issued  pursuant  to  the  provisions  of 
chapter  five  hundred  and  forty-nine  of  the  laws  of  nineteen  hun- 
dred and  six,  or  pursuant  to  the  provisions  of  subdivision  two  of 
this  section,  must  be  payable  in  blocks  or  allotments  of  twenty-five 
thousand  dollars,  as  follows :  the  first  twenty-five  thousand  dollars 
thereof  issued  to  be  made  payable  June  first,  nineteen  hundred  and 
eleven;  the  second  twenty-five  thousand  dollars  thereof  issued 
to  be  made  payable  June  first,  nineteen  hundred  and  twelve ;  the 
third  twenty-five  thousand  dollars  thereof  issued  to  be  made  pay- 
able June  first,  nineteen  hundred  and  thirteen;  the  fourth  twenty- 
five  thousand  dollars  thereof  issued  to  be  made  payable  June 
first,  nineteen  hundred  and  fourteen ;  the  fifth  twenty-five  thou- 
sand dollars  thereof  issued  to  be  made  payable  June  first,  nineteen 
hundred  and  fifteen ;  the  sixth  twenty-five  thousand  dollars  thereof 
issued  to  be  made  payable  June  first,  nineteen  hundred  and  six- 
teen; the  seventh  twenty-five  thousand  dollars  thereof  issued  to 
be  made  payable  June  first,  nineteen  hundred  and  seventeen ;  the 
eighth  twenty-five  thousand  dollars  thereof  issued  to  be  made  pay- 
able June  first,  nineteen  hundred  and  eighteen;  the  ninth  twenty- 
five  thousand  dollars  thereof  issued  to  be  made  payable  June  first, 
nineteen  hundred  and  nineteen ;  the  tenth  twenty-five  thou- 
sand,   dollars    thereof    issued    to    be    made    payable    June    first, 


53 

nineteen  hundred  and  twenty ;  the  eleventh  twenty-five  thousand 
dollars  thereof  issued  to  be  made  payable  June  first,  nineteen  hun- 
dred and  twenty-one ;  the  twelfth  twenty-five  thousand  dollars 
thereof  issued  to  be  made  payable  June  first,  nineteen  hundred 
and  twenty-two.  The  proceeds  of  the  sale  of  the  school  bonds 
authorized  by  subdivision  two  of  this  section  must  be  placed  to 
the  credit  of  the  department  of  public  instruction,  for  the  purpose 
of  constructing  and  enlarging  school  buildings  and  providing 
sites  for  the  same. 

§  97.  Appropriations. —Xo  ai)pr()priation  of  money  may  be 
made  for  any  purpose  except  by  ordinance  specifying  each  item, 
the  amount  thereof,  and  the  department,  board,  bureau,  court, 
office  or  specific  appropriation  for  which  the  appropriation  is  made. 

§  98.  Regulation  of  duties  of  officers —  The  common  council 
may,  by  ordinance  passed  by  a  vote  of  three-fourths  of  all  its 
members,  not  inconsistent  with  this  act  or  laws  of  the  state, 
regulate  the  powers  and  duties  of  any  department,  board,  bureau 
or  officer;  and  it  has  power  to  investigate  all  departments,  boards, 
bureaus,  courts  and  officers,  and  has  access  to  all  records  and 
papers  kept  by  or  in  the  custody  of  any  department,  board,  bureau, 
court  or  officer;  and  has  power  to  compel  the  attendance  of  wit- 
nesses and  the  production  of  books,  papers  or  other  evidence  at  any 
meeting  of  the  common  council  or  of  any  committee  thereof,  and 
for  that  purpose  may  issue  subpoenas  signed  by  the  president. 

§   99.  Regulation  of  office  hours  and  location  of  offices. —  The 

common  council  may  from  time  to  time  by  ordinance  regulate  the 
office  hours  of  and  detcruiiue  the  location  of  the  offices  of  any  de- 
partment, board,  bureau,  court  or  office. 

§  100.  Grading  of  police  and  fire  force. —  The  common  council 
has  power  at  all  times  by  ordinance  to  determine  the  number  of 
members  of  the  jDolice  force  and  of  the  fire  force,  and  the  classes  or 
grades  into  which  each  shall  be  divided;  but  the  number  of  mem- 
bers of  the  police  force  or  fire  force  must  not  be  increased  without 
the  approval  of  the  board  of  estimate  and  apportionment  by  a 
resolution  adopted  by  at  least  four  affirmative  votes. 


54 

§     101.  Ordinances    as    to    executive    functions Whenevfr    an 

executive  or  administrative  function  is  by  law  or  ordinance  of 
the  common  council  required  to  be  performed,  tbe  same  must  be 
performed  by  the  proper  executive  or  administrative  department, 
board,  bureau  or  officer  designated  in  the  law  or  ordinance,  and 
in  case  no  such  designation  is  thus  made  the  mayor  may  make 
tlie  same;  but  no  ordinance  must  be  passed  interfering  with  the 
exercise  of  the  executive  functions  of  the  departments,  boards, 
bureaus  and  officers  as  provided  in  this  act  or  otherwise  by  law. 

^  102.  Penal  ordinances. —  It  uuiy  bo  provided  in  a  general 
ordinance  or  ordinances  or  any  ordinance  or  ordinances  adopted 
by  the  common  council,  that  a  violation  of  an  ordinance  of  the 
conmion  council  is  punishable  by  a  fine  not  exceeding  one  hundred 
fifty  dollars  or  by  imprisonment  not  exceeding  one  hundred  fifty 
days  or  by  both  such  fine  and  imprisonment,  or  by  penalty  not 
exceeding  five  hundred  dollars  to  be  recovered  by  the  city  of 
Rochester  in  a  civil  action,  or  by  a  maximum  and  minimum  fine  or 
f>  maximum  and  minimum  term  of  imprisonment  or  both,  or  by  a 
maxiuuim  and  minimum  amount  of  penalty,  or  by  a  definite 
amount  of  penalty.  The  amount  of  fine  and  term  of  imprison- 
ment within  the  limits  prescribed  by  the  common  council  and  the 
imposition  of  one  or  both  must  be  determined  by  the  court.  The 
amount  of  penalty  to  be  recovered  in  a  civil  action,  of  which  tbe 
municipal  court  of  the  city  of  Rochester,  the  county  court  of 
Monroe  county  and  the  supreme  court  have  jurisdiction,  if  not 
fixed  at  a  definite  amount,  must  be  determined  by  the  court  or  jury 
within  the  limits  fixed  by  the  common  council. 

§  lOo.  Publication  of  penal  ordinances. —  Every  ordinance  of 
the  common  coi;iicil  imposing  a  penalty  or  fine,  or  imprisonment, 
and  every  auictid incut  thereto,  must  before  the  same  takes  effect 
be  published  at  least  three  times  in  each  week  for  two  successive 
weeks  in  the  official  newspapers  of  the  city;  provided  that  in  case 
of  insurrection,  riot,  pestilence,  conflagration  or  other  public  neces- 
sity requiring  immediate  operation  of  such  ordinance,  it  shall  take 
effect  as  soon  as  proclamation  thereof  has  been  made  by  the  mayor. 


55 

p.nd  the  same  has  been  posted  in  five  public  places  in  each  ward 
of  the  city. 

§  104.  Granting  and  revocation  of  licenses. —  Any  board, 
bureau  or  officer  authorized  by  ordinance  of  the  common  council 
to  grant  any  license,  has  discretionary  power  to  grant  or  refuse 
tlie  same,  and  the  common  council  may  provide  that  any  license, 
riglit  or  permission  granted  under  or  by  virtue  of  an  ordinance 
thereof  may  be  revoked  by  the  board,  bureau  or  officer  issuing 
the  same,  either  suunuarily  in  his  or  its  discretion,  or  after  a 
hearing,  upon  a  violation  of  the  laws  of  the  state  or  ordinances 
of  the  common  council  by  the  person- or  corporation  to  whom  the 
same  was  granted  or  who  is  acting  under  or  using  the  same,  or 
his  or  its  agents,  servants  or  employees. 

§  105.  Adoption  of  annual  estimate. —  The  common  council 
must,  as  soon  as  possible,  after  receiving  the  annual  estimate, 
convene  and  consider  the  same  and  give  a  public  hearing  to  all 
persons  wishing  to  be  heard  in  reference  thereto.  The  common 
council  must  not  increase  any  item  contained  therein,  but  has 
power  to  diminish  or  reject  any  item  contained  therein,  except 
those  relating  to  indebtedness,  judgments  or  estimated  revenues ; 
provided,  however,  that  the  items  for  the  department  of  public 
instruction  must  not  be  reduced  to  less  than  a  sum  equal  to  twenty- 
five  dollars  per  capita,  based  on  the  total  number  of  persons  en- 
rolled as  pupils  in  the  public  schools  for  the  year  ending  on  the 
preceding  thirty-first  day  o-f  rJpcember.  After  the  public  hearing 
and  within  thirty  days  after  the  annual  estimate  has  been  sub- 
mitted to  it,  the  common  council  must  adopt  the  same  as  submitted 
or  as  amended  by  it,  and  enter  it  upon  its  minutes. 

§  106.  Tax  budget. —  The  amount  of  estimated  expenditures 
contained  in  the  annual  estimate  adopted  by  the  common  council, 
less  the  amount  of  estimated  revenues  applicable  to  the  payment 
thereof,  contained  in  such  estimate,  constitutes  the  tax  budget. 

§  107.  Meeting  for  confirming  annual  tax  rolls  and  levying 
taxes. —  The  common  council  must  meet  on  the  first  day  of  April 
in  each  year,  or  if  that  be  Sunday  then  on  the  next  day  following. 


56 

for  the  purpose  of  confirniiug  the  annual  tax  rolls  and  levying  the 
annual  taxes.  They  must  hear  the  allegations  and  complaints  of 
all  persons  interested  who  appear;  of  which  meeting  and  the  pur- 
pose thereof  and  of  such  hearing  the  city  clerk  must  give  notice 
by  publication  for  at  least  three  days  in  the  official  papers. 

§  108.  Confirmation  of  annual  tax  rolls. —  The  common  coun- 
cil, at  such  meeting  or  the  time  or  times  to  which. it  may  be  ad- 
journed, not  later  than  five  days  therefrom,  must,  after  making 
such  amendments  and  corrections  to  the  annual  tax  rolls  reported 
to  it,  and  the  taxes,  assessments,  charges,  expenses  and  other  items 
therein  set  forth  as  they  deem  proper,  confirm  such  annual  tax 
rolls. 

§  109.  Levy  of  annual  taxes. —  The  common  council,  at  such 
meeting  or  the  time  or  times  to  wliich  it  may  be  adjourned,  not 
later  than  five  days  therefrom,  must  levy  taxes  to  the  amount  set 
forth  in  the  tax  budget  adopted  by  it,  on  all  the  real  and  personal 
property  in  the  city,  according  to  the  statement  and  valuation 
of  the  same  set  forth  in  the  annual  tax  rolls  for  the  current  year; 
and  in  addition  must  levy  and  assess  for  the  benefit  of  the  Avater 
works  fund  a  water  frontage  tax  on  the  lots  liable  thereto  as  set 
forth  in  the  annual  tax  rolls  for  the  current  year  as  follows: 
three  cents  on  each  lineal  foot  front  of  each  lot  on  which  no 
w^ater  rates  have  accrued  or  been  paid  to  the  city  during  the  pre- 
ceding year,  provided  such  lots  are  situate  on  a  public  street, 
highway  or  place  in  the  city  in  w^hich  the  city's  water  mains 
are  laid  and  in  use,  and  also  three  cents  on  each  lineal  foot  front 
in  excess  of  two  hundred  feet  of  each  city  lot  exceeding  two  hun- 
dred feet  frontage  on  which  the  water  rates  accrued  or  due  the 
city  during  the  preceding  year  do  not  aggregate  an  amount  equal 
to  at  least  three  cents  on  each  lineal  foot  of  the  whole  frontage. 

§  110.  Power  as  to  construction  of  public  buildings  and 
works. —  The  common  council  has  power  by  ordinance  to  authorize 
the  construction  and  erection  for  city  purposes  of  buildings,  works 
and  reservoirs  within  or  without  the  limits  of  the  city. 


57 

§  111.  Power  to  require  improvements. —  The  common  coimcil 
has  power  to  require  the  opening,  laying  out,  paving,  re-paving, 
crading,  re-grading,  repairing,  sprinkling,  cleaning,  sodding,  em- 
bellishment, alteration,  widening  and  discontinuance  of  public 
streets,  highways  and  places,  and  the  cutting  and  sowing  of  grass 
and  planting  and  care  of  trees  therein ;  the  construction,  alter- 
ation, repair  and  cleaning  of  sidewalks  on  the  public  streets,  high- 
ways and  places ;  the  street  nuniberiiig  and  re-numbering  of  houses, 
buildings  and  structures ;  the  construction,  alteration,  repair  and 
cleaning  of  public  sewers  and  drains,  and  of  laterals  connected 
therewith,  and  the  construction,  alteration,  repair,  cleaning  and 
extension  of  public  sewers  and  drains  beyond  the  limits  of  the 
city;  the  construction  within  or  without  the  city  of  sewage  dis- 
posal plants,  and  the  alteration,  repair  and  cleaning  of  the  same ; 
the  construction,  alteration  and  repair  of  bridges  and  arches  over 
any  water  or  other  places ;  the  removal  of  dirt,  rubbish  and  de- 
posits from  and  the  deepening  of  the  Genesee  river,  and  the  con- 
pTruction,  alteration  and  repair  of  walls  along  the  banks  of  said 
river,  and  the  construction,  alteration  and  repair  of  the  banks 
thereof;  and  the  construction  of  all  other  public  improvements 
and  work  deemed  necessary,  and  the  guarantee  to  keep  any  im- 
provement or  work  in  good  order  and  repair  for  such  time  as  it 
determines. 

§  112.  Apportionment  of  expense  of  public  improvements. — 
The  common  council  may  direct  that  the  whole  of  the  expense  of  a 
public  improvement  or  work  be  assessed  upon  the  property  deemed 
benefited  or,  subject  to  the  approval  of  the  board  of  estimate  and 
apportionment,  that  the  whole  or  part  thereof  be  charged  to  the 
city  at  large  and  the  remainder,  if  any,  assessed  upon  the  property 
deemed  benefited. 

§  11,3.  First  ordinance  for  improvements. —  In  the  case  of 
a  public  improvement  or  work  involving  a  local  assessment,  the 
common  council  must  cause  an  estimate  of  the  expense  of  the  pro- 
posed improvement  or  work  to  be  made,  and  of  the  maximum 
cost  per  front  foot  to  the  property  to  be  assessed  therefor,  and  may 


58 

llioreaftcr  pass  a  first  ordinance  doclaring  its  intention  to  require 
such  ini))r()vcniciit  or  work  to  1)0  made  or  done  and  describing  the 
portion  of  the  city  which  it  deems  proper  to  be  assessed  for  the 
expense  tliereof.  Thereafter  a  notice  must  be  published  in  the 
official  papers  for  four  days,  specifying  the  improvement  or  work, 
the  estimated  expense  thereof,  the  aniDunt  thereof  to  be  paid  by 
the  city  at  large,  if  any,  and  the  portion  or  })art  of  the  city  to 
be  assessed,  and  the  time  of  hearing  allegations  thereon  by  the 
common  council. 

§  114.  Amendment  of  first  ordinance  for  improvements. — 
Whenever  after  publication  of  notice  for  hearing  of  allegations, 
the  first  ordinance  for  a  public  improvement  or  work  involving  a 
local  assessment,  is  amended  by  increasing  the  estimated  expense 
thereof,  or  the  territory  to  be  assessed,  the  final  ordinance  must 
not  be  passed  until  a  new  notice  is  published  in  the  form  and  man- 
ner required  after  the  passage  of  the  first  ordinance. 

§  115.  Petitions  for  pavements. —  Any  five  or  more  property 
owners  liable  to  be  assessed  for  the  cost  of  paving  or  repaving 
a  public  street,  highway  or  place,  may,  before  the  passage  of  the 
final  ordinance,  present  to  the  common  council  a  petition  speci- 
fying the  material  desired  to  be  used  in  constructing  such  pave- 
ment, and  may  specify  therein  the  particular  kind,  make,  style 
or  brand  of  material  desired.  The  common  council  must  in  the 
final  ordinance  or  by  separate  resolution  or  resolutions  passed 
not  later  than  the  final  ordinance,  specify  each  material  and 
each  particular  kind,  make,  style  or  brand  of  material  for  which 
a  petition  has  been  presented,  if  any,  and  such  other  materials 
or  particular  kinds,  makes,  styles  or  brands  of  materials  as  it 
deems  desirable,  as  those  proposed  to  be  used  in  constructing  the 
pavement. 

§  116.  Final  ordinance  for  improvements. —  At  the  time  ap- 
pointed in  the  notice  for  the  hearing  of  allegations,  or  the  time  to 
which  the  meeting  at  which  allegations  were  advertised  to  be 
heard  is  adjourned,  the  common  council  must  hear  the  allegations 
of  persons  interested  who  appear,  and  may  pass  a  final  ordinance 


59 

for  such  public  improvement  or  work  or  take  sncli  other  action 
tliereon  as  is  deemed  proper.  A  final  ordinance  for  a  public 
improvement  or  work  involving  a  local  assessm.ent  must  specify 
the  number  of  equal  annual  installments  in  which  the  assessment 
is  payable,  within  the  following  limits :  when  the  estimated  maxi- 
mum cost  per  front  foot  to  the  property  to  be  assessed  therefor 
is  not  more  than  one  dollar,  the  assessment  must  be  paid  in  not 
more  than  three  installments;  when  it  is  more  than  one  dollar 
and  not  more  than  three  dollars,  in  not  more  than  five  installme:it3 ; 
when  it  is  more  than  three  dollars  and  not  more  than  five  dollars, 
in  not  more  than  seven  installments;  when  it  is  more  than  five 
dollars,  in  not  more  than  ten  installments. 

§  117.  Requirements  for  passage  of  final  ordinance. —  A  final 
ordinance  for  a  j)ublic  improvement  or  work  involving  a  local  as- 
sessment, must  be  passed  by  a  vote  of  two-thirds  of  all  the  members 
of  the  common  council,  unless  a  majority  of  the  owners  of  property 
to  be  assessed  for  the  expense  thereof,  as  appears  by  the  records 
of  the  assessors,  present  to  the  common  council  a  petition  for  such 
work  or  improvement. 

§  118.  Ordinance  for  east  side  trunk  sewer  assessment. —  In 
the  year  nineteen  hundred  and  eight,  and  in  each  fifth  year  there- 
after until  the  bonds  issued  for  the  construction  of  the  east  side 
trunk  sewer  are  paid  and  redeemed,  the  common  council  must 
determine  what  amount,  if  anj^,  of  east  side  trunk  sewer  bonds, 
in  addition  to  those  falling  due  during  the  next  five  years,  it  will 
cause  to  be  redeemed,  and  the  amount  of  money  necessary  to  be 
raised  therefor  and  for  the  bonds  falling  due,  and  the  amount 
necessary  to  be  raised  for  interest  during  the  next  five  years  on 
east  side  trunk  sewer  bonds,  and  also  tlie  amount  it  deems  neces- 
sary to  be  raised  by  assessment  upon  the  property  benefited  to 
pay  the  cost  and  expense  of  constructing  or  reconstructing  the 
east  side  trunk  sewer,  additions  thereto  and  overflows  from  the 
same,  in  settling  judgments  and  claims  caused  by  the  sewer, 
additions  and  overflows,  the  construction  or  reconstruction  of  a 
disposal  plant  for  said  sewer  and  the  purchase  of  lands,  rights 


60 

and  easements  necessary  for  the  construction  or  maintenance  of 
the  sewer,  additions,  overflows  and  disposal  plants,  and  for  such 
other  purposes  connected  with  the  sewer,  additions,  overflows  and 
disposal  plant  as  it  deems  desirable;  and  it  must  direct  the  total 
amount  thereof,  together  with  any  interest  paid  on  account  thereof 
by  the  city,  and  interest  on  the  total  amount  to  the  time  the  first 
installment  becomes  due,  and  all  expanses  incident  to  the  making 
of  the  assessment  to  be  assessed  on  the  portion  or  part  of  the  city 
which  it  deems  benefited  thereby.  The  common  council  must 
proceed  thereon  as  in  the  case  of  other  public  improvements  or 
work  involving  a  local  assessment,  and  the  assessment  therefor  is 
payable  in  five  equal  annual  installments,  the  time  when  each  be- 
comes due  to  be  determined  as  in  the  case  of  other  local  assess- 
ments, and  the  same  rate  of  interest  to  be  paid  thereon  as  on 
other  local  assessments,  and  to  be  levied  and  collected  as  other 
local  assessments ;  and  the  same  proceedings  for  its  enforcement  and 
collection  may  be  taken  by  the  city  as  is  provided  herein  for  the 
enforcement  of  other  local  assessments. 

§  119.  Confimiation  of  local  assessment  rolls. —  When  a  local 
assessment  roll  is  delivered  to  the  city  clerk  he  must  report  it 
to  the  common  council  at  its  next  meeting.  The  common  council 
must  hear  the  allegations  and  complaints  of  all  persons  interested 
who  appear,  and  may  correct,  confirra,  set  aside  or  refer  the 
assessment  roll  to  its  committee  on  assessments  or  other  committee, 
or  order  a  new  assessment.  If  the  same  be  referred  to  a  com- 
mittee, the  committee  may  proceed  to  hear  allegations  and  com- 
plaints upon  five  days'  notice  by  publication  in  the  official  papers, 
or  may  without  such  notice  or  hearing  examine  and  report  to  the 
common  council,  w^ho  may  thereupon  correct,  confirm  or  set  aside 
said  report  or  order  a  new  assessment.  Any  assessment  roll  made 
at  any  time  heretofore  as  well  as  hereafter,  may  after  its  confirma- 
tion be  reconsidered  by  the  common  council  at  any  time,  and  the 
same  proceedings  may  be  had  thereon  as  herein  provided  before 
the  confirmation  thereof.  After  the  roll  is  confirmed  it  must  be 
delivered  by  the  city  clerk  to  the  city  treasurer. 


61 

§  120.  Correction  of  errors  in  taxes  and  assessments  and  re- 
assessment of  the  same. —  A\'lion  in  the  judgment  of  the  common 
council  there  is  any  irregularity,  omission,  error,  or  lack  of  juris- 
diction in  any  of  the  proceedings  relating  to  any  tax  or  local  assess- 
ment heretofore  or  hereafter  levied  and  assessed,  or  in  the  making, 
levying  or  assessment  of  the  same,  the  common  council  has  power, 
after  causing  notice  to  the  person  or  corporation  to  be  taxed  or 
assessed  to  be  served  personally  or  by  mail,  directed  to  his  last 
known  place  of  residence,  or  its  last  known  place  of  business,  and 
an  opportunity  to  be  heard  at  a  time  specified  in  such  notice,  to 
correct  any  such  tax  or  local  assessment,  or  any  part  thereof, 
and  to  re-assess  the  same  in  such  amount  as  it  deems  proper,  in- 
cluding therein  interest  at  such  rate  on  such  amount  as  it  deems 
proper,  against  the  proper  person  or  corporation  or  property  it 
deems  liable  to  such  tax  or  benefited  by  such  improvement,  or 
both ;  and  such  correction  or  re-assessment  has  the  same  effect 
as  though  the  tax  or  assessment  had  originally  been  properly  levied 
and  assessed.  The  common  council  has  the  power  when  it  deems 
it  for  the  best  interests  of  the  city,  to  set  aside  the  whole  of  a  local 
assessment,  and  thereupon  to  cause  a  re-assessment  to  be  made, 
and  may  pass  an  ordinance  designating  the  public  improvement 
or  work  so  made,  the  whole  expense  thereof,  including  any  and  all 
interest  thereon  to  the  date  the  re-assessment  or  first  installment 
thereof  becomes  due,  including  all  that  may  be  imposed  as  pro- 
vided in  this  act  in  the  case  of  local  assessments,  and  the  part 
or  portion  of  the  city  deemed  to  be  benefited  thereby ;  and  it  may 
direct  the  city  assessors  to  assess  the  lots  and  parcels  of  land  in  such 
territory  described,  for  such  expense,  according  to  the  benefit  re- 
ceived, and  proceed  in  all  respects  as  in  cases  of  local  assessments ; 
and  such  re-assessment  has  the  same  valid  and  binding  force  as  if 
it  had  originally  been  properly  made.  An  ordinance  setting  aside, 
the  whole  of  a  local  assessment  and  directing  a  re-assessment 
thereof  must  provide  that  any  moneys  paid  on  the  assessment  set 
aside,  with  interest  at  a  rate  determined  by  the  common  council 
not  exceeding  the  rate  received  by  the  city  on  such  money,  must 


62 

be  credited  on  tlie  amount  of  the  new  assessment  against  the  prop- 
erty on  which  the  assessment  was  paid,  and  that  in  case  the  amount 
so  paid  exceeds  the  amount  re-assessed  on  the  same  property,  such 
surplus,  including  interest  as  aforesaid,  must  be  paid  to  the  person 
who  may  have  paid  the  same. 

§  121.  Alteration  of  names  and  grades  and  discontinuance  of 
streets. —  An  ordinance  of  the  conmion  council  altering  the  name 
of  a  public  street  or  highway,  or  changing  the  legally  established 
grade  of  a  public  street  or  highway,  or  discontinuing  a  public 
street  or  highway,  must  be  passed  by  a  vote  of  three-fourths  of  all 
the  members  thereof;  and  in  case  of  the  discontinuance  of  a  street, 
before  any  action  is  taken  thereon,  a  notice  must  be  published  for 
ten  days  in  the  official  papers  of  the  intention  to  discontinue  such 
public  street  or  highway,  and  stating  that  all  persons  interested 
may  be  heard  in  reference  thereto  at  a  time  specified  in  such  notice. 
Claims  for  damages  caused  by  the  change  of  grade  or  the  discon- 
tinuance of  a  public  street  or  highway,  must  be  presented  to  the 
commissioner  of  public  works  \vithin  three  months  after  the 
passage  of  the  final  ordinance  therefor.  In  case  such  notice  is 
not  served  no  damages  therefor  are  recoverable  from  the  city  and 
no  action  or  proceeding  may  be  maintained  against  the  city  to 
recover  the  same.  On  the  filing  of  said  claim  the  commissioner 
of  public  works  may  agree  upon  the^  amount  of  damages  to  be 
awarded,  subject  to  approval  by  the  board  of  estimate  and  appor- 
tionment. In  case  of  a  failure  to  agree  damages  must  be  deter- 
mined in  condemnation  proceedings  as  herein  provided. 

§  12--2.  Legislative  acts. —  All  legislative  acts  of  the  common 
council  must  be  by  ordinance,  and  on  the  passage  of  every  ordi- 
nance the  ayes  and  nays  of  the  members  voting  thereon  must  be 
entered  in  full  upon  the  journal.  The  passage  of  an  ordinance 
requires  the  affirmative  vote  of  at  least  a  majority  of  all  the  mem- 
bers of  the  common  council.  Iso  ordinance,  except  a  final 
ordinance  involving  a  local  assessment,  may  be  passed  by  the 
common  council  on  the  same  day  on  which  it  is  introduced,  if 
there  is  objection  to  its  consideration.     An  ordinance  amended 


63 

after  introduction  does  not  become  a  new  ordinance  unless  the 
president,  or  the  common  council  upon  appeal  from  his  ruling, 
rules  that  the  amendment  is  so  substantial  as  to  constitute  a  new 
ordinance. 

§  123.  Procedure  after  passage  of  ordinance. —  Every  ordi- 
nance of  the  common  council  must  immediately  after  its  passage 
be  separately  engrossed  and  signed  by  the  president  and  attested 
by  the  clerk.  The  clerk  must  thereupon  present  the  same  to  the 
mayor.  If  the  mayor  approve  it  he  must  sign  it  ijud  return  it  to 
the  clerk,  and  the  ordinance  thereupon  takes  elfect.  If  he  disap- 
prove it,  he  must  return  it  to  the  clerk  with  his  objections  stated 
in  writing,  and  the  clerk'  must  present  the  same  with  such 
objections  to  the  common  council  at  its  next  regular  meeting.  The 
common  council  may,  within  thirty  days  thereafter,  reconsider 
the  same;  if,  after  such  reconsideration,  three-fourths  of  all  the 
members  of  the  common  council  vote  to  pass  the  ordinance  the 
same  takes  effect  notwithstanding  the  objections  of  the  mayor, 
unless  a  greater  number  of  members  were  necessary  according  to 
the  provisions  of  this  act  for  the  original  passage  of  the  ordinance, 
in  which  case  unless  as  many  members  as  were  requisite  for  the 
original  passage  of  the  ordinance  vote  to  pass  the  ordinance  it  does 
not  take  effect.  If  any  ordinance  is  not  returned  by  the  mayor  to 
the  clerk  within  ten  days  after  it  has  been  presented  to  him,  or 
if  such  ordinance  is  returned  within  such  period  without  the 
mayor's  approval  or  disapproval,  the  same  takes  effect  in  like 
manner  as  if  the  mayor  had  approved  and  signed  it.  If  any  ordi- 
nance presented  to  the  mayor  contains  several  items  of  appropria- 
tion of  money  or  embraces  more  than  one  distinct  subject,  the 
mayor  may  approve  the  provisions  relating  to  one  or  more  items  or 
one  or  more  subjects  and  disapprove  the  others.  In  such  case  those 
items  or  subjects  which  he  approves  take  effect  and  he  must  append 
to  the  ordinance  at  the  time  of  signing  it  a  statement  of  the  itema 
or  subjects  which  he  disapproves  and  said  items  or  subjects  so 
disapproved  do  not  take  effect.  He  must  return  to  the  clerk  a  copy 
of  such  statement  and  the  items  or  subjects  disapproved  may  be 
Chap.  755  5 


64 

separately  reconsidered  by  the  common  council  and  become  effect- 
ive if  again  passed  by  it  as  above  provided.  All  the  provisions  of 
this  section  in  relation  to  ordinances  disapproved  by  the  mayor 
apply  in  cases  in  which  he  disapproves  any  item  or  subject  con- 
tained in  an  ordinance  appropriating  money  or  embracing  more 
than  one  distinct  subject. 

§  124.  Record 'of  ordinances. —  Every  ordinance  must,  upon  its 
taking  effect  as  herein  provided,  be  recorded  in  a  book  kept  for  that 
purpose  by  the  clerk.  Such  record  includes  the  signature  of  the 
president,  attestation  of  the  clerk  and  the  mayor's  written  ap- 
proval, or  in  case  of  his  disapproval  a  memorandum  of  its  passage 
over  his  veto ;  or  in  case  the  ordinance  took  effect  because  he  failed 
to  approve  or  disapprove  and  return  within  ten  days,  then  a 
memorandum  to  that  effect.  The  original  engrossed  ordinances 
for  each  year  must  be  bound  together  and  kept  in  the  custody  of 
the  clerk. 

§  125.  Ordinances  and  proceedings  as  evidence. —  The  printed 
minutes  of  the  common  council  and  the  printed  ordinances  of  the 
common  council  heretofore  or  hereafter  published,  certified  by  the 
city  clerk  under  the  city  seal  or  printed  or  purporting  to  be 
printed  under  authority  of  the  cammon  council,  or  purporting  to 
be  the  printed  minutes  or  printed  ordinances  of  the  common 
council,  are  presumptive  evidence  of  the  ordinances,  resolutions, 
by-laws  and  rules  contained  therein,  of  the  reports,  communica- 
tions, petitions  and  documents  presented  to  the  common  council 
contained  therein,  of  the  acts  and  recitals  of  occurrences  contained 
therein,  of  all  proceedings  of  the  common  council  and  of  all  other 
matters  contained  therein,  and  are  presumptive  evidence  of  the 
due  adoption,  signing  by  the  mayor  and  publication  of  all  ordi- 
nances contained  therein.  A  certificate  signed  by  the  city  clerk 
under  the  city  seal,  certifying  to  the  contents,  adoption,  signing 
and  publication  of  an  ordinance  or  of  any  of  said  facts,  is  pre- 
sumptive evidence  of  the  facts  contained  in  such  certificate. 

§   126.   Injunctions  to  restrain  violations  of  ordinances The 


65 

city  of  Rochester  may  maintain  actions  in  courts  of  record  of  com- 
petent jurisdiction  to  restrain  violations  of  penal  and  other 
ordinances  of  the  common  conncil. 

§  127.  Power  to  incur  expense  restricted. —  Ko  member  or 
committee  of  the  common  council  has  power  to  employ  any  person, 
incur  any  expense,  or  purchase  any  material  for  or  on  behalf  of 
the  city  or  any  of  its  officers,  boards  or  departments,  except  as 
otherwise  expressly  provided  in  this  act, 

ARTICLE   \a. 

DEPARTMENT   OF   FINANCE. 

Section  138.  Fiscal  year. 

139.  Comptroller. 

140.  Duties  of  comptroller. 
1-11.  Annual  financial  statement. 

142.  Claims  against  city  must  be  audited. 

143.  Form  and  audit  of  claims. 

144.  Claim  for  taxes. 

145.  Report  of  cost  of  public  improvements  and  work. 
14G.  Report  as  to  certain  specific  improvements. 

147.  Management  of  Mount  Hope  funds. 

148.  Management  of  police  and  fire  pension  funds. 
140.  Management  of  teachers'  retirement  fund. 

150.  Managemenf  of  sinking  funds. 

151.  General  sinking  fvmd. 

152.  Water  sinking  fund. 

153.  Water  distributing  sinking  fund. 

154.  Hemlock  lake  watershed  sinking  fund. 

155.  Park  sinking  fund. 

156.  High  school  sinking  fund. 

157.  School  sinking  fund. 

158.  Public  market  sinking  fund. 

159.  Local  improvement  fund. 

160.  Accounts  with  treasurer. 


66 

Section  161.  Examination  of  books. 

1G2.  Duties  and  powers  of  treasurer. 

103.  Custodian  of  pension  funds. 

164.  Deposits  and  accounts. 

165.  Collection  of  taxes  by  city  treasurer. 

166.  Rates  of  interest  on  taxes. 

167.  Publication  of  notices. 
1(58.  Warrants  for  taxes. 

169.  Collectors'  sales  and  notice. 

170.  Disposition  of  surplus  on  collectors'  sales. 

171.  Publication  of  taxes  due. 

172.  Items  added  to  annual  tax  to  be  collected  as  a  part 

thereof. 

173.  Time  assessments  become  due  and  interest  tbereon. 

174.  Publication  of  notice  for  payment  of  local  assess- 

ments. 

175.  Warrant  for  local  assessment. 

176.  Unpaid  assessments  to  be  inserted  in  annual  tax 

rolls. 

Section  138.  Fiscal  year — The  fiscal  year  of  the  city  com- 
mences on  the  first  day  of  January. 

§  139.  Comptroller —  The  comptroller  is  the  chief  fiscal  officer 
of  the  city  and  has  power  to  appoint  to  hold  office  during  his 
pleasure  a  deputy  and  such  other  subordinates  as  may  be  pre- 
scribed by  the  board  of  estimate  and  apportiomnent. 

§  140.  Duties  of  comptroller. —  It  is  the  duty  of  the  comp- 
troller to  superintend  the  fiscal  concerns  of  the  city  and  to  manage 
the  same  pursuant  to  law  and  the  ordinances  of  the  common  coun- 
cil ;  to  keep  a  separate  account  with  every  department,  board, 
bureau,  court,  office,  appropriation  and  fund  for  which  moneys 
are  appropriated  in  the  annual  estimate  or  raised  by  assessment ; 
to  require  all  checks  and  drafts  for  the  payment  of  claims  against 
the  city  to  state  particularly  against  which  of  such  departments, 
boards,  bureaus,  courts,  offices,  appropriations  or  funds  the  checks 


67 

or  drafts  are  drawn,  and  not  to  permit  any  of  the  appropriations 
for  the  same  including  the  moneys  lawfully  added  thereto  to  be 
overdrawn,  or  claims  chargeable  to  one  fund  to  be  charged  to 
another,  and  to  render  quarterly,  and  at  other  times  if  requested, 
a  detailed  report  to  the  mayor  and  common  council  of  the  funds 
and  financial  condition  of  the  city,  and  to  perform  such  other 
duties  as  may  from  time  to  time  be  prescribed  by  law  or  by  ordi- 
nance of  the  common  council. 

§  141.  Annual  financial  statement. —  The  comptroller  must,  as 
soon  as  possible  after  the  close  of  each  fiscal  year,  prepare  and 
cause  to  be  published  in  book  or  pamphlet  form,  a  full  and  accu- 
rate statement  in  detail,  verified  by  him,  showing  the  receipts  and 
revenues  of  the  city  from  all  sources  and  the  accounts  due  to  the 
city  and  uncollected  at  the  close  of  the  fiscal  year,  the  disburse- 
ments from  all  city  funds  and  expenditures  in  all  branches  of  the 
city  government  during  the  fiscal  year,  the  indebtedness  of  the  city 
at  the  close  of  the  fiscal  year,  the  provisions  made  for  the  pay- 
ment thereof,  together  with  the  purposes  for  which  it  was  in- 
curred; also  showing  the  several  funds  belonging  to  the  city,  the 
amount  drawn  on  each  fund,  and  the  debts  and  obligations  of  the 
city,  the  character  thereof,  the  time  the  same  are  payable  and  the 
rate  of  interest  on  each. 

§  142.  Claims  against  city  must  be  audited. —  Except  as  other- 
wise provided  in  this  act  in  relation  to  claims  for  damages  and 
injuries,  all  claims  against  the  city  must  be  presented  to  and 
audited  by  the  comptroller  before  payment. 

§  143.  Form  and  audit  of  claims.—  Claims  must  be  filed  with 
the  comptroller  in  the  name  of  the  person,  firm  or  corporation 
presenting  the  same,  in  the  form  prescribed  by  the  comptroller, 
verified  by  or  on  behalf  of  the  claimant  and  approved  by  the  head 
of  the  department,  president  of  the  board,  judge  of  the  court,  or 
officer  whose  action  gave  rise. or  origin  to  the  claim;  except  that 
no  written  claim  is  required  fnr  ])riucipal  and  interest  on  city 
bonds  and  notes,  and  no  verification  is  required  on  claims  for 
taxes,  judgments,  compromised  claims  and  fixed  salaries  or  com- 


68 

. pensatidii  nf  j'ciiiiliir  oliiccrs,  ciiiplKyccs  and  laboi'ors  of  the  city. 
The  comptroller  must,  on  JMonday  of  every  week,  cause  claims 
presented  to  him  or  the  substance  thereof  to  be  printed  in  the- 
official  papers,  and  he  must  take  no  action  thereon  until  at  least 
five  days  after  such  publication.  The  provisions  of  this  section 
relating  to  the  publication  of  claims  and  length  of  time  elapsing 
thereafter,  do  not  apply  to  principal  and  interest  of  city  bonds  and 
notes,  to  taxes,  judgiuents,  compromised  claims  and  fixed  salaries 
or  compensation  of  regular  officers,  employees  and  laborers  of  the 
city,  or  to  claims  under  contracts  made  with  the  city  for  more  than 
two  hundred  and  fifty  dollars ;  but  such  claims  must  thereafter  be 
published  with  the  amount  at  which  each  was  audited,  in  the  man- 
ner claims  presented  are  published.  The  power  of  the  comptroller 
to  audit  claims  for  principal  and  interest  of  city  bonds  and  notes, 
claims  for  taxes,  judgments,  compromised  claims  and  fixed 
salaries  or  compensation  of  regular  officers,  employees  and 
laborers  of  the  city,  claims  under  contracts  made  with  the  city  for 
more  than  two  hundred  and  fifty  dollars,  claims  for  judgments, 
and  other  claims  in  which  the  amount  is  fixed  by  or  pursuant  to 
law,  does  not  include  the  right  to  reduce  the  amount  legally  due 
thereon.  The  comptroller  may  pay  the  claim  at  any  time  after 
audit  unless  the  claim  is  audited  at  less  than  the  amount  claimed 
or  objections  thereto  have  been  filed  by  any  official  or  taxpayer  of 
the  city,  in  which  case,  the  comptroller  must,  as  Soon  as  possible 
after  taking  action  thereon,  serve  a  statement  of  such  action  by 
mail  or  otherwise  on  the  claimant  and  the  person  filing  objections 
and  must  not  pay  such  claim  until  the  time  to  appeal  has  expired, 
and  if  an  appeal  is  taken,  until  after  the  decision  of  the  board  of 
estimate  and  apportionment  thereon.  The  claimant  may,  within 
fifteen  days  after  service  upon  him  of  the  statement  of  the  action 
of  the  comptroller,  or  any  officer  or  taxpayer  of  the  city  may 
within  fifteen  days  after  the  action  of  the  comptroller,  appeal  to 
the  board  of  estimate  and  apportionment  from  an  audit  made  by 
that  official.  All  claims  with  the  certificate  of  audit  of  the  comp- 
ti  oiler    or   the   board   of  estimate    and    apportionment   endorsed 


69 

thereon  must  be  filed  in  tlie  ofiice  of  the  treasurer  and  remain  a 
record  therein. 

§  144.  Claim  for  taxes. —  ISTo  tax  upon  municipal  property 
must  be  paid  until  the  claim  therefor  is  presented  to  the  comp- 
troller by  the  collector  or  other  olficer  charged  with  the  collection 
thereof,  and  the  city  may  pay  any  tax  with  an  addition  thereto 
of  one  per  centum  for  collector's  or  other  fees,  within  thirty  days 
after  the  claim  therefor  is  presented  to  the  comptroller. 

§  145.  Report  of  cost  of  public  improvements  and  work The 

entire  expense  to  be  assessed  upon  the  property  benefited  of  any 
public  improvement  or  work,  must  be  ascertained  by  the  comp- 
troller, including  any  damages  or  awards  for  the  taking  of  real 
estate,  rights  or  easements,  and  all  expenses  incident  to  the  mak- 
ing of  the  improvement  or  work  or  the  assessment  therefor,  to- 
gether with  any  interest  paid  or  accrued  at  the  time  of  the 
computation  on  bonds,  notes  or  other  obligations  issued  by  the  city 
to  pay  the  expenses  of  such  improvement  or  work,  and  interest  on 
such  total  amount  must  be  reckoned  to  the  time  the  assessment  or 
first  installment  thereof  becomes  due ;  and  the  aggTegate  amount 
thereof  must  thereupon  be  reportfd  to  the  assessors  by  the  comp- 
troller. 

§  140.  Report  as  to  certain  specific  improvements. —  The  en- 
tire expense  to  be  assessed  upon  the  property  benefited,  computed 
as  aforesaid,  except  that  interest  on  the  total  amount  is  to  be  com- 
puted to  the  first  day  of  June  following  the  report,  of  numbering 
houses,  sprinkling  streets,  cleaning  streets,  care,  embellishment 
and  maintenance  of  streets  and  cleaning  of  sidewalks,  done  pur- 
suant to  ordinances  of  the  common  council,  must  be  reported  to  the 
assessors  by  the  comptroller  on  or  before  the  first  day  of  March 
in  each  year. 

§  147.  Management  of  Mount  Hope  funds. —  The  comptroller 
under  the  direction  of  the  Mount  IIoi)e  commission  has  the  invest- 
ment and  management  of  the  Blount  Hope  re])air  fund,  the  Mount 
Hope  perpetual  contract  fund,  and  the  M  )unt  llc;)e  sjiecial  sec- 
tion fund,  and  may  with  the  approval  of  said  commission  invest 


70 

the  funds  thereof  in  bonds  and  notes  of  the  city  and  securities 
in  which  the  trustees  of  saving  banks  arc  authorized  by  law  to 
invest  deposits,  except  bonds  and  mortgages  on  real  estate  and 
railroad  bonds. 

§  148.  Management  of  police  and  fire  pension  funds. —  The 
comptroller,  under  the  direction  of  the  board  of  estimate  and 
apportionment,  has  the  investment  and  management  of  the  police 
and  fire  pension  funds,  and  may,  with  the  approval  of  the  board 
of  estimate  and  apportionment,  invest  the  moneys  thereof  in 
bonds  and  notes  of  the  city  and  other  securities.  lie  must  report 
to  the  common  council  in  detail  the  condition  of  each  of  the 
funds  at  the  close  of  each  fiscal  year. 

§  IttO.  Management  of  teachers'  retirement  fund. —  The  comp- 
troller, under  the  direction  of  the  board  of  trustees  of  tlie  teachers' 
retirement  fund,  has  the  investment  and  management  thereof, 
and  may,  with  the  approval  of  the  board  of  trustees,  invest  the 
moneys  thereof  in  bonds  and  notes  of  the  city  and  other  securities. 

§  150.  Management  of  sinking  funds. —  The  comptroller,  un- 
der the  direction  of  the  board  of  estimate  and  apportionment,  has 
the  investment  and  management  of  sinking  funds,  and  may,  with 
the  approval  of  the  board  of  estimate  and  apportionment,  invest 
the  funds  thereof  in  bonds  and  notes  of  the  city  and  other 
securities. 

§  151.  General  sinking  fund. —  The  general  sinking  fund  is 
continued  with  the  moneys  now  contained  therein.  There  must  be 
placed  to  the  credit  of  said  fund  each  year  any  unexpended  bal- 
ances of  the  appropriations  made  for  the  support  of  the  city  gov- 
ernment for  the  previous  year,  and  any  surplus  revenues  received 
and  not  expended  by  the  city  the  previous  year,  except  revenues  from 
Mount  Hope  cemetery,  unless  such  unexpended  balances  or  revenues 
are  directed  by  this  charter  or  by  law  to  be  otherwise  applied;  also 
any  percentage  of  gross  receipts  paid  to  the  city  by  any  street 
surface  railway  company,  provided  such  gross  receipts  are  not 
deducted  from   taxes  paid  or  owing  by  said   railway  company; 


71 

also  any  surplus  remaining  in.  a  sinking  fund  after  the  re- 
demption of  the  bonds  to  pay  which  the  sinking  fund  is  created, 
except  sinking  funds  created  for  the  redemption  of  water  worka 
bonds.  The  unexpended  balances  do  not  include  the  moneys 
of  the  fiscal  year  lawfully  made  liable,  obligated  or  contracted 
to  be  paid,  and  not  paid  at  the  end  of  the  year;  but  the 
same  must  be  retained  to  apply  on  such  liability,  obligation  or 
contract.  The  moneys  in  the  general  sinking  fund  may  be  used 
to  retire  bonds  of  the  city  now  or  hereafter  issued  for  which  no 
sinking  fund  or  an  insufficient  sinking  fund  is  provided. 

§  152.  Water  sinking  fund. —  The  water  sinking  fund  is  con- 
tinued with  the  moneys  contained  therein.  There  must  be  added 
thereto  each  year  the  sum  of  thirty  thousand  dollars  from  water 
rates  received  by  the  city ;  also  all  surplus  of  water  rates  received 
by  the  city  remaining  after  the  payment  of  operating  expenses, 
salaries,  extensions,  betterments,  repairs  and  maintenance  of  the 
water  works  system,  and  of  interest  upon  bonds  issued  for  the 
construction,  extension,  betterment,  repair  and  maintenance  of 
the  water  works  system;  also  all  moneys  remaining  in  special 
sinking  funds  created  for  the  redemption  of  water  works  bonds 
remaining  therein  after  such  bonds  are  paid.  The  moneys  in  the 
water  sinking  fund  may  be  used  for  the  purpose  of  redeeming 
bonds  of  the  city  now  or  hereafter  issued  for  the  construction, 
extension,  betterment,  repair  and  maintenance  of  the  water  works 
system  and  for  the  redemption  of  which  there  is  no  sinking  fund 
or  an  insufficient  sinking  fund  provided. 

§  153.  Water  distributing  sinking  fund. —  The  water  distribut- 
ing sinking  fund  is  continued  with  the  moneys  contained  therein. 
The  sum  of  fifteen  thousand  dollars  must  be  raised  in  the  annual 
taxes  and  added  thereto  each  year  until  said  fund  contains  a  sum 
sufficient  to  pay  and  redeem  the  water  distributing  bonds. 

§  154.  Hemlock  lake  watershed  sinking  fund. —  The  Hemlock 
lake  watershed  sinking  fund  is  continued  with  the  moneys  con- 
tained therein.     The  sum  of  eighteen  thousand  five  hundred  del- 


Y2 

lars  must  bo  raised  in  the  annual  taxes  and  added  thereto  each 
year  until  said  fund  contains  a  sum  sufficient  to  pay  and  redeem 
the  Hemlock  lake  watershed  bonds. 

§  155.  Park  sinking  fund. —  The  park  sinking  fund  is  con- 
tinued with  the  moneys  contained  therein.  The  sum  of  three 
thousand  six  hjmdred  dollars  must  be  raised  in  the  annual  taxes 
and  added  thereto  each  year  until  said  fund  contains  a  sum  suffi- 
cient to  pay  and  redeem  the  park  bonds  or  any  re-issue  thereof. 

§  15G.  High  school  sinking  fund. —  The  high  school  sinking 
fund  is  continued  with  the  moneys  contained  therein.  There 
must  be  added  thereto  each  year  until  the  high  school  bonds  are 
paid  and  redeemed  the  balance  remaining  unexpended  at  the  end 
of  the  fiscal  year  of  the  moneys  appropriated  for  the  department 
of  public  instruction  and  of  school  moneys  appropriated  to  or 
provided  for  the  city  of  Rochester ;  and  if  the  sum  so  anexpended 
does  not  amount  to  thirty  thousand  dollars  in  any  year,  then  the 
treasurer  of  the  city  of  Rochester  must  transfer  to  said  fund  from 
the  moneys  appropriated  the  succeeding  fiscal  year  for  the  depart- 
ment of  public  instruction,  a  sum  which,  with  such  unexpended 
balance,  will  equal  the  sum  of  thirty  thousand  dollars. 

§  157.  School  sinking  fund. —  For  the  purpose  of  providing 
a  school  sinking  fund  to  pay  and  redeem  school  bonds  now  or  here- 
after issued,  authorized  by  chapter  five  hundred  and  forty-nine 
of  the  laws  of  nineteen  hundred  and  six,  the  treasurer  must,  in 
the  year  nineteen  hundred  and  eleven  and  in  each  year  thereafter 
until  said  fund  contains  a  sum  sufficient  to  pay  and  redeem  such 
bonds,  take  from  the  moneys  appropriated  for  the  department  of 
public  instruction,  the  sum  of  twenty-five  thousand  dollars  and 
credit  the  same  to  the  school  sinking  fund. 

§  158.  Public  market  sinking  fund. —  The  public  market  sink- 
ing fund  is  continued  with  the  moneys  contained  therein.  There 
must  be  added  thereto  all  revenues  from  hucksters'  licenses  ex- 
cept the  part  thereof  directed  to  be  paid  into  the  police  pension 
fund,  and  an  annual  sum  raised  by  taxation  or  taken  from  the 


73 

rcvcnnes  of  the  market,  sufficient  to  redeem  at  maturity  the  pub- 
lic market  bonds.  '  "''^f  :^' 

S  ir)0.  Local  improvement  fund. —  The  local  improvement  fund 
is  continued  with  the  moneys  contained  therein.  There  must  be 
placed  to  the  credit  of  said  fund  the  proceeds  of  the  sale  of  all 
bonds  and  notes  issued  for  or  upon  account  of  public  improve- 
ments or  work  involving  a  local  assessment,  and  all  amounts  col- 
•  lected  by  the  treasurer  upon  assessments  and  charges  for  public 
improvements  and  work  involving  a  local  assessment,  including 
all  interest  collected  thereon.  There  must  be  paid  therefrom  all 
bonds  and  notes  heretofore  or  hereafter  issued  for  or  upon  ac- 
count of  public  improvements  or  work  involving  local  assess- 
ments and  the  interest  thereon,  and  all  costs  and  expenses  of 
public  improvements  or  work  involving  local  assessments  hereto- 
fore made  and  remaining  unpaid  or  hereafter  made. 

§  lt;0.  Accounts  with  treasurer. —  The  comptroller  must  keep 
an  account  between  the  city  and  the  treasurer  of  all  moneys  re- 
ceived and  disbursed  by  the  treasurer,  and  for  that  purpose  he 
must  procure  daily  statements  from  tbe  treasurer  as  to  the  moneys 
received  and  disbursed  by  him,  and  must  also  procure  from  the 
banks  in  which  the  city  funds  are  deposited  by  the  treasurer, 
monthly  statements  of  the  moneys  received  and  paid  out  on  ac- 
count of  the  city.  He  must  also  from  time  to  time  examine  the 
treasurer's  books,  accounts  and  bank  books  and  ascertain  as  to 
their  correctness. 

§  J.61.  Examination  of  books. —  The  comptroller  has  power  at  any 
time  to  examine  the  books  and  accounts  of  any  department,  board, 
bureau,  court  or  officer  of  the  city. 

§  162.  Duties  and  powers  of  treasurer. —  The  treasurer  may 
appoint  to  hold  office  during  his  pleasure,  a  deputy  and  such  other 
subordinates  as  may  be  prescribed  by  the  board  of  estimate  and 
apportionment ;  and  it  is  his  duty  to  demand,  collect,  receive,  and 
have  the  care  and  custody  of,  and  to  disburse,  all  moneys  belonging 
to  or  due  the  city  from  any  source,  and  to  deposit  all  moneys  re- 


74 

ccivcd  by  him  in  siicli  banks  or  trust  companies  as  may  be  desig- 
nated by  the  board  of  estimate  and  a})i)ortionment  for  that 
purpose;  and  no  money  may  be  drawn  from  such  banks  or  trust 
companies  except  on  che(d<s  or  drafts  signed  })y  the  treasurer  and 
countersigned  by  the  comptroller  and  made  payable  to  the  person 
entitled  to  receive  the  same,  unless  such  moneys  are  drawn  for 
public  use  in  the  treasurer's  office,  in  which  case  the  checks  or 
drafts  must  be  made  payable  to  the  order  of  the  treasurer.  No 
money  must  be  paid  out  by  him  except  upon  audit  of  the  comp- 
troller. The  treasurer  must  keep  a  separate  account  with  every 
department,  board,  bureau,  court,  office,  appropriation  and  fund 
for  which  moneys  are  appropriated  in  the  annual  estimate  or 
raised  by  assessment,  and  must  in  every  check  or  draft  drawm  by 
him  state  particularly  against  which  of  such  funds  it  is  drawn,  un- 
less the  money  is  drawn  for  use  in  his  office.  He  must  at  no  time 
permit  any  of  the  appropriations  for  the  same  including  moneys 
lawfully  added  thereto  to  be  overdrawn,  or  a  claim  chargeable  to 
one  fund  to  be  charged  to  another.  He  must  perform  such  other 
duties  as  may  from  time  to  time  be  prescribed  by  law  or  by 
ordinance  of  the  common  council. 

§  163.  Custodian  of  pension  funds. —  The  treasiu-er  is  the 
custodian  of  the  police  pension  fund,  fire  pension  fund,  and 
teachers'  retirement  fund ;  and  all  pensions  granted  in  pursuance 
of  the  provisions  of  this  act  and  payable  from  any  of  said  funds 
must  be  paid  out  on  a  check  or  draft  signed  by  the  treasurer  and 
countersigned  by  the  comptroller. 

§  164.  Deposits  and  accounts. —  All  moneys  deposited  by  the 
treasurer  must  be  placed  to  the  credit  of  the  city,  and  the  interest 
thereon  is  the  property  of  the  city  and  must  be  accounted  for  and 
credited  to  the  appropriate  fund.  The  treasurer  must  keep  bank 
books  containing  entries  of  his  accounts  or  deposits  in  and  moneys 
drawn  from  the  banks  or  trust  companies.  He  must  exhibit  such 
books  to  the  comptroller  for  his  inspection  at  least  once  a  month, 
and  oftener  if  required,  and  the  banks  or  trust  companies  in  which 


75 

such  deposits  are  made  must  transmit  to  the  comptroller  monthly 
statements  or  evidences  of  the  moneys  received  and  paid  out  by 
them  on  account  of  the  city. 

§  1G5.  Collection  of  taxes  by  city  treasurer. —  The  city  treas- 
urer must,  on  the  first  day  of  May  in  each  year,  proceed  to  collect 
and  receive  taxes  from  the  several  persons  named  in  the  annual  tax 
rolls,  and  must  immediately  after  receiving  the  rolls  give  public 
notice  by  advertisement  in  the  official  papers  that  all  persons 
named  in  the  tax  rolls  are  required  to  pay  their  taxes  to  him  at  his 
office  on  and  after  the  first  day  of  May  and  before  the  fifteenth 
day  of  the  following  September,  and  stating  the  amounts  to  be 
added  if  payment  is  not  made. 

§  16G.  Rates  of  interest  on  taxes. —  The  city  treasurer  must 
receive  the  amount  of  any  tax  levied  in  the  annual  tax  rolls  during 
the  month  of  May  without  interest;  and  to  all  amounts  not  paid 
on  or  before  the  thirty-first  day  of  May  succeeding  the  levying  of 
the  tax,  there  is  added  and  becomes  a  part  of  said  tax,  and  must 
be  collected  by  the  city  treasurer,  the  following  interest :  If  paid 
during  the  month  of  June,  an  addition  of  one  per  centum;  if  paid 
during  the  month  of  July,  an- addition  of  two  per  centum;  if  paid 
after  the  last  day  of  July  and  on  or  before  the  fifteenth  day  of 
August,  an  addition  of  three  per  centum ;  if  paid  after  the  fifteenth 
and  on  or  before  the  last  day  of  the  month  of  August,  an  addition 
of  four  per  centum ;  if  paid  after  the  last  day  of  August  and  on 
or  before  the  fifteenth  day  of  September,  an  addition  of  five  per 
centum;  and  if  paid  at  any  time  after  the  fifteenth  day  of  Sep- 
tember, such  addition  of  five  per  centum  and  also  interest  from 
that  date  upon  the  whole  sum  at  the  rate  of  twelve  per  centum 
per  annum. 

§  167.  Publication  of  notices — The  city  treasurer  must,  imme- 
diately after  the  last  day  of  August,  give  notice  by  publication  for 
ten  days  in  all  the  daily  newspapers  of  the  city,  that  all  persons 
who  have  omitted  to  pay  their  taxes  must  pay  the  same  to  him  at 
his  office  on  or  before  the  fifteenth  day  of  September. 


70 

§  l(iS.  Warrants  for  taxes. —  It  is  the  duty  of  the  city  treas- 
urer upon  all  taxes  remaining  unpaid  on  the  fifteenth  day  of 
October  in  each  year,  to  issue  as  many  warrants  as  he  may  deem 
proper,  under  his  hand  and  directed  to  any  person  whom  he  may 
see  fit  to  appoint  a  collector  of  the  taxes  specified  in  such  warrant, 
commanding  such  person  to  levy  the  amount  of  such  tax  and  such 
additional  amount  of  five  per  centum  interest,  except  that  in  no 
case  is  the  amount  so  added  to  be  less  than  twenty-five  cents,  and 
also  interest  upon  the  whole  sum  at  the  rate  of  twelve  per  centum 
per  annum  from  the  preceding  fifteenth  day  of  September,  and 
the  fees  of  said  collector,  by  distress  and  sale  of  goods  and  chattels 
of  the  person  against  whom  the  said  warrants  are  issued,  or  of 
any  goods  and  chattels  in  his  possession,  wheresoever  the  same  are 
found  within  the  city,  and  to  pay  the  same  to  the  city  treasurer, 
and  to  return  such  warrant  within  twenty  days  after  the  da*^e 
thereof;  and  no  claim  of  property  to  be  made  to  such  goods  and 
chattels  so  found  in  possession  of  the  said  party  is  available  to 
prevent  a  sale.  After  the  return  of  any  warrant,  the  treasurer, 
if  he  deem  expedient,  or  if  so  directed  by  the  common  council, 
may  issue  a  second  or  subsequent  warrant  for  the  taxes  still  re- 
maining unpaid,  with  said  percentage,  interest  and  fees.  Every 
collector  holds  his  appointment  during  the  pleasure  of  the  treasurer 
and  may  at  any  time  be  removed  or  suspended  by  him,  and  the 
treasurer  and  his  sureties  are  liable  for  any  collector  and  for  all 
moneys  that  may  be  collected  or  received  bv  him.  Xo  warraat 
must  be  delivered  to  any  collector  until  lie  lias  executed  and  de- 
livered to  the  treasurer  a  bond  to  the  city  of  Rochester  with  two 
or  more  sureties,  approved  by  the  treasurer,  conditioned  for  the 
faithful  performance  of  his  duties  as  a  collector  of  the  taxes 
specified  in  such  warrant  and  for  the  faithful  accounting  and 
paying  over  to  the  treasurer  of  all  moneys  that  he  may  collect  or 
receive  under  such  warrant,  and  the  treasurer  must  immediately 
file  such  bond  in  the  office  of  the  clerk  of  the  county  of  ]\ronr-io, 
and  the  same  becomes  a  lien  upon  the  real  estate  situate  in  said 
county  of  all  persons  executing  such  bond.     If  any  collector  fail 


77 

to  return  any  warrant  issued  to  him  as  therein  required,  or  fail  to 
pay  over  to  said  treasurer  all  moneys  collected  or  received  by  him, 
or  fail  to  render  a  full  and  true  account  thereof,  the  supreme 
court  or  any  justice  thereof,  on  the  application  of  the  treasurer 
or  of  the  city  of  Rochester,  has  jurisdiction  on  proof  by  affidavit 
or  otherwise,  to  summarily  enforce  such  return,  payment  or 
accounting,  or  all,  as  the  case  may  be,  by  attachment  and  proceed- 
ings thereon  in  the  same  manner  as  if  such  collector  were  a  sheriff 
or  officer  of  that  court.  The  fees  of  a  collector  are  five  per  centum 
on  the  moneys  collected  by  him,  and  while  a  warrant  for  a  tax 
is  in  a  collector's  hands  if  such  tax  is  paid  to  the  treasurer,  he 
must  collect  for  the  benefit  of  the  collector  such  fee  of  five  per 
centum. 

§  109.  Collectors'  sales  and  notice. —  The  collectors  must  give 
public  notice  of  the  time  and  place  of  sale  of  property  distrained 
by  them,  at  least  six  days  previous  to  the  sale,  by  notice  posted 
up  in  at  least  three  public  places  in  the  city,  and  the  sale  must 
be  by  public  auction  on  the  court  house  steps. 

§  170.  Disposition  of  surplus  on  collectors'  sales, —  If  the 
property  distrained  be  sold  for  more  than  the  amount  of  the  tax 
percentage,  interest  and  the  costs,  charges  and  expenses  of  such 
distress  and  sale,  the  surplus  must  be  returned  to  the  person  in 
whose  possession  such  property  was  Avhen  distress  was  made,  if  no 
claim  be  made  to  such  surplus  by  any  other  person.  If  any  other 
person  claim  such  surplus  on  the  gTound  that  the  property  sold 
belonged  to  him  and  such  claim  be  admitted  in  writing  by  th^ 
person  for  whose  tax  the  same  was  distrained,  the  surplus  must 
be  paid  to  such  owner ;  but  if  such  claim  be  contested  by  the  person 
for  whose  tax  the  property  was  distrained,  the  surplus  money 
must  be  paid  by  the  collector  into  the  city  treasury,  there  to  be 
retained  as  a  special  deposit  until  the  rights  of  the  parties  are 
determined  by  due  course  of  law. 

§  171.  Publication  of  taxes  due. —  The  city  treasurer  must' 
cause  to  be  published  in  one  or  more  of  the  daily  papers  of  said 
pity  on  some  day  in  the  month  of  December  of  each  year,  a  list  of 


73 

tho  several  lots  cand  parcels  of  land  on  which  taxes  levied  for  the 
current  year  remain  unpaid,  describing  therein  each  lot  and  parcel 
of  land  in  the  same  manner  snhstantially  as  the  same  is  described 
in  the  tax  roll,  too'cthcr  with  the  name  of  the  person  to  whom  each 
parcel  is  assessed  and  the  amount  of  the  tax  thereon ;  and  also  a 
list  of  all  taxes  for  the  current  year  assessed  upon  account  of  per- 
sonal property  remaining  unpaid  stating  the  person  against  whom 
assessed  and  the  amount  thereof.  Notice  of  the  dny  on  which  and 
of  the  papers  in  which  said  list  will  be  published  must  be  given 
by  the  treasurer  by  publication  in  not  less  than  four  daily  newi- 
papers  of  said  city  at  least  ten  days  previous  to  the  publicatio-: 
of  said  list.  The  sum  of  fifty  cents  must  be  collected  as  a  part  o*^ 
each  tax  so  published  as  aforesaid.  The  city  treasurer  must  de- 
liver to  the  corporation  counsel  in  the  month  of  January  of  each 
year  a  list  of  all  taxes  upon  account  of  personal  property  due  and 
remaining  unpaid,  and  of  all  taxes  upon  real  property  remaining 
uuf  aid,  which  have  been  due  and  owing  more  than  one  year 
previous  thereto. 

§  172.  Items  added  to  annual  tax  to  be  collected  as  a  part 
thereof. — -  Local  assessments  and  installments  thereof,  expenses  of 
public  improvements  and  work  apportioned  upon  the  property 
deemed  benefited,  water  frontage  taxes,  water  rates,  expenses  of 
cleaning  and  repairing  sidewalks,  and  all  other  items,  including 
the  additions  thereto,  inserted  in  the  annual  tax  rolls  against  real 
property,  become  a  part  of  the  annual  tax  upon  the  respective  lots 
or  parcels  of  land  against  which  such  items  are  charged,  and  the 
whole  thereof  becomes  one  tax  and  must  be  collected  as  such, 
except  that  the  treasurer  may  in  his  discretion  receive  the  annual 
tax  upon  a  lot  or  parcel  of  land  without  some  or  all  of  the  amounts 
added  thereto.  All  of  the  provisions  of  this  act  relating  to  tne 
collection  of  annual  taxes  including  interest,  fees  and  penalties 
thereon,  and  all  other  provisions  relating  to  annual  taxes  are  in- 
tended to  refer  to  annual  taxes  and  all  sums  added  thereto  and 
made  a  part  thereof.  After  an  annual  tax  is  collected,  the 
amounts    added    thereto    for    local    assessments    or    installments 


79 

thereof,  expenses  of  numbering  houses,  sprinkling,  cleaning,  care, 
embellishment  and  maintenance  of  public  streets,  highways  and 
places  done  pursuant  to  ordinances  of  the  common  council,  with 
the  interest  collected  thereon,  must  be  added  to  the  local  improve- 
ment fund ;  and  the  amounts  added  thereto  for  water  f rontag3 
taxes  and  water  rates,  with  the  interest  collected  thereon,  must 
be  added  to  the  revenues  of  the  water  works  for  the  year  in  which 
the  tax  was  levied,  and  in  the  case  of  water  rates  for  the  year  in 
which  the  water  rates  were  charged  and  became  due. 

§  173.  Time  assessments  become  due  and  interest  thereon. —  A 
local  assessment,  if  payable  in  one  sum,  or  the  first  Installment  it 
payable  in  installments,  becomes  due  on  the  first  day  of  the  month 
following  the  month  in  which  the  assessment  roll  is  received  by 
the  city  treasurer,  if  it  is  received  on  or  before  the  fifteenth  day  of 
the  month ;  and  if  received  after  the  fifteenth  day  of  the  month, 
then  such  assessment  or  installment  becomes  due  and  payable  on 
the  fifteenth  day  of  the  month  following  the  month  in  which  the 
assessment  roll  is  received ;  and  if  payable  in  installments,  succeed- 
ing payments  become  due  in  each  succeeding  year  on  the  day  and 
month  the  first  installment  became  due.  The  treasurer  must  col- 
lect and  receive,  in  addition  to  the  amount  due  on  any  assessment 
or  installment,  interest  thereon  at  the  rate  of  six  per  centum  per 
annum  from  the  date  the  assessment  became  due,  if  payable  in 
one  sum,  or  from  the  date  the  first  installment  became  due  if 
payable  in  installments;  at  any  time  after  the  first  installment 
becomes  due  the  whole  assessment  or  any  installment  or  install- 
ments thereof  and  accrued  interest  may  be  paid. 

8  174.  Publication  of  notice  for  payment  of  local  assessments. — ■ 
After  a  local  assessment  roll  is  delivered  to  the  city  treasurer, 
he  must  give  five  days'  public  notice  in  the  official  papers  of  thi 
receipt  of  such  roll,  requiring  the  persons  assessed  or  the  ownero 
or  occupants  of  the  lots  assessed  to  pay  the  same  to  him  at  his 
office. 

§  175.  Warrant  for  local  assessment. —  If  an  assessment  or  any 

installment  thereof  is  not  paid  when  due,  the  city  treasurer  may 
Chap.  755  6 


8*) 

in  his  discretion  issue  a  warrant  or  warrants  for  the  collectiou 
thereof,  together  with  interest,  penalties  and  collector's  fees,  in 
the  same  manner  and  form  and  subject  to  the  same  restrictions 
and  conditions  as  provided  for  a  warrant  for  the  collection  of 
annnal  city  taxes.  If  an  assessment  is  paid  after  a  warrant  is 
issued  and  before  it  is  reported  to  the  a3Si?ssors,  the  collector's 
fees  must  be  added  to  and  collected  as  a  part  of  said  assessment, 
even  though  the  warrant  has  been  returned. 

§  170.  Unpaid  assessments  to  be  inserted  in  annual  tax  rolls. 
—  In  case  any  assessment  or  installment  thereof  has  become  due 
on  or  before  the  first  day  of  March  of  any  year,  and  the  whole  or 
any  part  thereof  remains  unpaid,  it  is  the  duty  of  the  city  treas- 
urer, on  or  before  the  first  day  of  May  following,  to  insert  the 
same  in  the  annual  tax  rol]'^  for  the  current  year  against  the  re- 
spective lots  or  parcels  of  land  on  which  the  assessments  were 
originally  levied,  with  an  addition  to  each  assessment  or  install- 
ment of  ten  per  centum  per  annum  from  the  time  when  due  to  the 
first  day  of  June  following  the  insertion.  After  the  first  day  of 
March  and  before  the  first  day  of  May  following,  the  treasurer 
may  in  his  discretion  receive  the  amount  of  any  assessment  or  in- 
stallment inserted  or  to  be  inserted  in  the  annual  tax  rolls  for  the 
current  year  with  the  aforesaid  addition  of  ten  per  centum. 

AETICLE  VII. 

Department  of  Assessment  and  Taxation. 

Section  187.  Board  of  assessors. 

188.  Annual  tax  rolls. 

189.  Insertion  of  local  assessments  in  tax  rolls. 

190.  Insertion  of  taxes  in  annual  tax  rolls  and  delivery 

of  same  to  treasurer. 

191.  Assessment  roll  for  local  improvements. 

192.  All  lands  liable  to  local  assessment,  except  Mount 

Hope  cemetery. 

193.  Apj)ointment  of  special  assessors. 

194.  Notice  to  hear  allegations. 


81 

Section  195.  Hearing  of  allegations. 

196.  Verification  of  assessment  roll. 

197.  Effect  of  assessment. 

198.  State  lands. 

199.  Lien  of  taxes  and  assessments. 

200.  Taxes  and  assessments  validated. 

201.  Deeds  to  be  delivered  to  assessors  before  recording. 

202.  Maps  of  subdivisions  of  lands  to  be  filed  with  as- 

sessors. 

203.  Procedure  to  review  local  assessments. 

204.  Appeals  from  orders  as  to  assessments. 

205.  Consolidation  of  proceedings. 

206.  Assessments  not  to  be  otherwise  reviewed. 

207.  Action  to  recover  money  paid  upon  assessments. 

208.  Amendment   and   certification    of   rolls   for   county 

taxes. 

209.  Supervisors  to  levy  taxes  and  annex  warrants     to 

tax  rolls. 

210.  iNTotice  to  pay  county  taxes;  interest. 

211.  Publication   of  notice  to   persons  omitting  to   pay 

county  taxes. 

212.  Warrants  for  collection  of  county  taxes. 

213.  Collectors'  sales  and  notices. 

214.  Disposition  of  surplus  on  county  tax  collectors'  sales. 

215.  Other  proceedings  for  the  collection  of  county  taxes. 

Section  187.  Board  of  assessors. —  The  head  of  the  department 
of  assessment  and  taxation  is  the  board  of  assessors,  composed  of 
the  assessors,  and  it  must  annually  elect  one  of  its  members  presi- 
dent thereof;  it  may  adopt  rules  for  the  transaction  of  its  business, 
and  appoint  such  subordinates  as  the  board  of  estimate  and  appor- 
tionment may  prescribe. 

§  188.  Annual  tax  rolls. —  The  annual  tax  rolls  are  prepared 
by  the  assessors  on  or  before  the  fifteenth  day  of  January  in  each 
year,  the  assessment  of  property  for  each  ward  being  in  a  separate 
book  provided  for  that  purpose,  and  they  must  contain,  as  nearly 


82 

as  can  be  ascertained,  all  real  and  personal  property  in  the  city 
liable  to  taxation  and  the  value  of  the  same  as  determined  by  the 
assessors,  except  as  the  fixing  of  valuatiim  is  by  law  or  this  charter 
otherwise  provided.  It  is  not  necessary  for  non-residents  to  be 
designated  therein  as  snch  or  non-resident  property  to  be  placed 
in  separate  parts  of  the  tax  rolls.  Real  estate  may  be  taxed 
in  the  name  of  the  owner  or  occupant  thereof  or  by  any  descrip- 
tion by  which  it  may  be  distingnished  withont  reference  to  the 
owner  or  occupant  thereof;  and  a  tax  thereon  is  not  invalid  as 
against  the  real  estate  by  reason  of  the  omission  of  the  name  of 
the  owner  or  occupant  thereof,  or  both,  or  because  of  any  error  in 
the  name  of  the  person  or  corporation  taxed  therefor.  After  the 
tax  rolls  have  been  prepared,  the  assessors  mnst  meet  at  their 
office  to  hear  the  allegations  and  objections  of  all  persons  in- 
terested in  the  assessments  contained  therein,  of  which  at  least 
ten  days'  previous  notice  must  be  given  by  publication  in  all  the 
daily  papers  published  in  the  city.  At  the  time  and  place  desig- 
nated in  said  notice,  and  for  ten  consecutive  days  thereafter  ex- 
clusive of  Sundays,  the  assessors  must  meet  and  h^ar  allegations 
and  objections,  and  the  tax  rolls  must  be  open  to  the  examination 
and  inspection  of  all  persons  interested,  between  the  hours  of  nine 
and  twelve  in  the  morning  and  two  and  four  in  the  afternoon.  The 
assessors  may  add  to  the  tax  rolls  any  real  or  personal  property 
omitted  from  the  tax  rolls  of  the  previous  year,  at  such  valuation 
as  they  deem  proper.  The  assessors  may  add  real  or  personal 
property  to  the  tax  rolls  or  increase  the  value  of  real  or  personal 
property  therein,  at  any  time  after  the  fifteenth  day  of  Janu- 
ary and  before  the  verification  of  the  rolls,  upon  giving  the 
owner  of  such  property  an  opportunity  to  be  heard,  upon  at  least 
three  days'  personal  notice.  The  assessors  may  amend  and  correct 
the  tax  rolls  as  they  deem  proper.  A  statement  of  the  lots  liable 
to  the  water  frontage  tax  as  reported  by  the  commissioner  of 
public  works,  must  on  or  before  the  first  day  of  April  in  each 
year,  be  inserted  by  the  assessors  in  the  annual  tax  rolls.  The 
expenses   as   reported  by   the  comptroller   of  numbering  houses, 


83 

sprinkling,  cleaning,  care,  embellishment  and  maintenance  of  pub- 
lic streets,  highways  and  places,  and  cleaning  of  sidewalks  done 
pursuant  to  ordinances  of  the  common  council,  which  have  then 
been  reported  to  the  assessors,  must  on  or  before  the  first  day  of 
April  in  each  year,  be  inserted  by  the  assessors  in  the  annual  tax 
rolls  upon  all  the  lots  and  parcels  of  land  in  the  respective  portions 
or  parts  of  the  city  directed  by  the  respective  ordinances  to  be 
assessed  therefor,  apportioned  upon  each  lot  and  parcel  of  land 
according  to  the  benefit  as  nearly  as  can  be  ascertained  which  it  is 
deemed  to  have  received  by  the  improvement  or  work  for  which  it 
is  assessed.  The  amounts,  as  reported  by  the  commissioner  of 
public  works,  of  unpaid  water  rates  and  expenses  of  cleaning  and 
repairing  sidewalks  done  under  the  direction  of  the  commissioner 
of  public  works,  and  all  other  items  required  to  be  inserted  in  tlie 
annual  tax  rolls,  except  local  assessments  or  installments  thereof 
which  have  then  been  reported  to  the  assessors,  must,  on  or  before 
the  first  day  of  April  in  each  year,  be  inserted  by  the  assessors 
in  the  annual  tax  rolls  against  the  respective  lots  or  parcels  of  land 
on  which  the  same  are  a  charge  or  lien  or  in  front  of  which  the 
work  was  done.  When  finally  completed,  an  oath  substantially 
in  the  following  form  must  be  written  or  printed  upon  and  at- 
tached to  the  tax  rolls  and  each  of  them,  sigiied  by  the  assessors 
or  a  majority  of  them,  and  sworn  to  before  an  officer  authorized  to 
administer  oaths,  —  namely :  "  We,  the  undersigned,  do  sever- 
ally depose  and  swear  that  we  have  set  down  in  the  foregoing  tax 
roll  all  the  real  estate  situated  in  the  ward,  according  to 

our  best  information ;  and  that  with  the  exception  of  those  cases  in 
which  the  value  of  the  said  real  estate  has  been  changed  by  reason 
of  proof  produced  before  us,  w'e  have  estimated  the  value  of  the 
said  real  estate  at  the  sums  which  the  majority  of  the  assessors  have 
decided  to  be  the  full  value  thereof;  and  also  that  the  tax  roll 
contains  a  true  statement  of  the  aggregate  amount  of  the  taxable 
jfcrsonal  estate  of  each  and  evei-y  person  or  corporation  named  in 
such  roll,  over  and  above  the  amount  of  debts  due  from  such  per- 
sons or  corporations,  respectively,  and  excluding  such  stocks  as  are 


84 

otherwise  taxable,  niid  sncli  oilier  property  as  is  exempt  by  law 
from  taxation,  at  the  full  value  tlicsreof,  according  to  our  best 
judgment  and  belief."  After  being  sworn  to  as  aforesaid  the  tax 
rolls  must,  on  or  before  the  first  day  of  April  in  each  year,  be 
delivered  to  the  city  clerk. 

§  189.  Insertion  of  local  assessments  in  tax  rolls The  asses- 
sors mnst  permit  the  treasurer  to  have  access  to  or  possession  of  the 
tax  rolls  for  the  purpose  of  inserting  therein  unpaid  local  assess- 
ments, and  installments  thereof. 

§  1<)0.  Insertion  of  taxes  in  annual  tax  rolls  and  delivery  of 
same  to  treasurer. —  The  assessors  must  insert  in  the  annual  tax 
rolls  confirmed  by  the  common  council  the  taxes  levied  by  that 
body.  Every  annual  city  tax  creates  a  debt  and  personal  obligation 
in  favor  of  the  city  and  against  tlie  ])ei'son  or  corporation  taxed. 
provided  that  at  the  time  of  the  preparation  of  the  tax  rolls  con- 
taining the  same  the  person  or  corporation  taxed  is  a  resident  of 
the  state  of  N'ew  York,  and  in  case  of  a  tax  upon  real  estate,  the 
owner  or  occupant  thereof.  To  each  of  the  tax  rolls  there  must 
be  annexed  a  warrant  under  the  hand  of  the  maj'or  and  the  seal 
of  the  city,  commanding  the  city  treasurer  to  collect  from  the  sev- 
eral persons  named  in  the  tax  rolls  the  several  sums  levied  as  taxes 
in  the  columns  of  such  rolls  according  to  the  provisions  of  this  act, 
and  such  tax  rolls  miist  be  delivered  to  the  treasurer  on  or  before 
the  twentieth  day  of  April  in  each  year. 

§    191.     Assessment    roll    for    local    improvements Upon     the 

receipt  of  the  report  of  the  comptroller  as  to  the  expense  of  a 
public  improvement  or  work  to  be  assessed  upon  the  property  bene- 
fited, except  the  expenses  of  numbering  houses,  sprinkling  streets, 
cleaning  streets,  care,  embellishment  and  maintenance  of  streets, 
and  cleaning  of  sidewalks,  done  pursuant  to  ordinances  of  the  com- 
mon council,  which  are  inserted  directly  in  the  annual  tax  rolls, 
the  assessors  if  they  are  not  interested  in  any  of  the  property 
directed  by  the  common  council  to  be  assessed  as  benefited,  and 
if  any  two  of  them  are  not  so  interested,  then  such  two,  nmst 
make  an  assessment  upon  all  the  lots  and  parcels  of  land  within 


85 

the  portion  or  part  of  the  city  directed  to  be  assessed,  apportion- 
ing the  expense  upon  each  lot  and  parcel  of  land  according  to  the 
benefit  as  nearly  as  can  be  ascertained  which  it  is  deemed  to  have 
received  by  the  making  of  snch  improvement  or  work,  and  for 
that  pnrpose  mnst  make  ont  an  assessment  roll  in  which  must 
be  entered  the  names  of  the  persons  assessed  so  far  as  they  can 
ascertain  the  same,  the  vahie  of  the  property  for  which  they  are 
assessed,  and  the  amount  assessed  to  them,  respectively,  with  a 
brief  description  of  the  lots  or  parcels  of  land  assessed. 

§  192.  AH  lands  liable  to  local  assessment,  except  Mount  Hope 
cemetery. — •  All  lots  and  parcels  of  land  in  the  city  of  Eoch- 
ester,  even  thongh  exempt  from  taxation  nnder  the  general  laws  of 
the  state,  are  liable  to  assessment  for  pnblic  improvements  and 
work,  except  Mount  Hope  cemetery  and  lots  and  plats  therein, 
heretofore  or  hereafter  conveyed  as  places  for  the  burial  of  the 
dead. 

§  193.  Appointment  of  special  assessors. —  If  there  is  only 
one  assessor  not  interested  in  the  property  directed  to  be  assessed, 
the  common  council  must  appoint  a  special  assessor  to  act  with 
him  in  making  the  assessment,  and  if  all  of  the  assessors  are  in- 
terested in  the  property  to  be  assessed,  then  the  counnnn  council 
must  appoint  two  special  assessors  to  make  the  assessment.  The 
special  assessors  must  make  an  affidavit  and  attach  it  to  the  assess- 
ment roll,  to  the  effect  that  they  are  not  interested  in  any  of  the 
property  to  be  assessed,  and  that  they  will  faithfully  and  impar- 
tially discharge  the  duties  iuipo^ed  upon  them  ;  and  their  compen- 
sation must  be  fixed  by  the  board  of  estimate  and  apportionment. 

§  194.  Notice  to  hear  allegations. —  Immediately  after  such 
assessment  roll  has  been  completed  the  assessors  must  determine 
the  time  and  place  where  they  will  first  meet  to  hear  the  allega- 
tions and  objections  of  all  persons  interested  in  the  assessment, 
of  which  previous  notice  uuist  be  given  by  publication  in  a  daily 
newspaper  in  said   city   f^r  at   least  ten  days. 

§  195.  Hearing-  of  allegations. —  At  the  time  and  place  des- 
ignated   in  such    notice    the    assessors    or    a    majority    of    them 


8G 

innst  meet  and  lioar  llic  allegations  and  objections  of  all  persons 
interested,  who  ap])ear,  and  the  assessment  books  must  be  open 
for  the  examination  and  ins])cction  of  all  parties  interested.  The 
assessors  may  adjourn  from  time  to  time  as  deemed  necessary, 
and  may  amend  or  correct  such  assessment  roll  as  they  deem 
proper. 

§  190.  Verification  of  assessment  roll. —  AVhen  completed,  an 
oath  substantially  in  the  following  form  must  be  written  or  printed 
upon  or  attached  to  the  assessment  roll,  and  be  signed  and  sworn 
to  by  the  assessors  or  a  majority  of  them,  namely:  ''We  (names 
of  assessors),  the  assessors  of  the  cily  of  Rochester,  being  severally 
sworn,  depose  and  say,  and  each  for  himself  says,  that  the  fore- 
going assessment  roll  was  made  by  them  in  pursuance  of  an  ordi- 
nance of  the  common  council;  that  due  legal  notice  of  their  meet- 
ing was  given,  and  the  same  was  by  them  adopted,  after  such 
notice  and  allegations  thereunder,  and  is,  according  to  the  best 
of  their  knowledge  and  belief,  a  just  and  true  assessment  as  against 
the  persons  or  property  to  be  benefited,  and  according  to  the  benefit 
derived."  And  they  must  sign  a  certificate  substantially  in  the 
following  form,  which  must  also  be  written  or  printed  upon  or 
attached  to  the  assessment  roll :  '"  We  do  hereby  certify  that  the 
foregoing  assessment  roll  is  a  true  record  of  our  determination 
of  the  same,  after  having  heard  allegations  thereon,  and  we  have 
fixed  the  amount  assessed  to  the  respective  persons  and  property 
therein  named  as  therein  set  forth,  and  the  same  is  just  and  true." 
And  thereupon  the  assessment  roll  must  be  delivered  to  the  city 
clerk. 

§  197.  Effect  of  assessment.-—  The  assessment  against  any 
lot  or  parcel  of  land  may  be  nuide  in  the  name  of  the  owner  or 
occupant  thereof,'  or  by  any  description  by  which  it  may  be  distin- 
guished without  reference  to  the  owner  or  occupant  thereof;  and  an 
assessment  is  not  invalid  as  against  the  real  estate  by  reason  of 
the  omission  of  the  name  of  the  owner  or  occupant  thereof,  or  both, 
or  because  of  any  error  in  the  name  of  the  -person  or  corporation 
assessed  therefor.     Every  assessment  creates  a  debt  and  personal 


87 

obligation  in  favor  of  the  city  and  against  the  person  or  corpora- 
tion assessed,  provided  that  at  the  time  of  the  making  of  the  assess- 
ment roll  preparatory  to  hearing  allegations  thereon  the  person  or 
corporation  assessed  is  a  r(  sidcnt  of  the  state  of  Xew  York  and  the 
OAvner  or  occupant  of  the  lot  or  parcel  of  land  assessed,  for  the 
collection  of  which,  together  with  interest,  costs  and  expenses,  said 
city  may  maintain  in  its  own  name  an  action  in  any  court  of  cotn- 
petent  jurisdiction,  in  addition  to  any  other  remedies  now  provided 
by  law  for  the  collection  thereof,  and  such  action  may  be  main- 
tained even  tliough  said  assessment  has  been  added  to  the  annual 
city  tax.  ^ 

§  198.  State  lands. —  IS'othing  herein  contained  is  intended  or 
is  to  be  deemed  to  repeal  or  modify  any  of  the  provisions  of  sec- 
tion twenty  of  the  public  lands  law. 

§  199.  Lien  of  taxes  and  assessments. —  All  annual  taxes  and 
all  local  assessments  heretofore  or  hereafter  levied  by  the  city 
of  Rochester  or  by  its  officers,  and  all  water  rates  heretofore  or 
hereafter  charged  or  assessed  by  the  city  of  Rochester  or  by  its 
officers,  together  with  interest,  fees  and  penalties,  are  and  shall 
be  and  remain,  until  actually  paid  or  satisfied  or  set  aside  by  the 
common  council  or.  a  court  of  competent  jurisdiction,  a  lien  upon 
the  land,  tenements  or  real  estate  on  which  or  in  respect  to  which 
the  same  have  been  made,  from  the  time  of  the  passage  of  the 
ordinances  of  the  common  council  levying  the  same  in  the  case  of 
annual  taxes,  and  from  the  time  of  the  confirmation  by  the  common 
council  of  the  rolls  containing  the  same  in  the  case  of  local  assess- 
ments, and  from  the  time  the  same  become  due  in  the  case  of  water 
rates;  and  are  and  shall  be  a  lien  on  the  property  assessed  prior 
and  superior  to  all  other  liens  and  incumbrances.  In  case  an 
annual  tax  or  local  assessment  is  levied  upon  a  parcel  of  land  and 
two  or  more  persons  are  or  become  the  owTiers  thereof,  or  it  is 
situate  in  more  than  one  ward,  the  common  council  may  appor- 
tion such  tax  or  assessment  upon  such  parcel  of  land  in  such  man- 
ner as  the  assessors  may  certify  to  be  just,  and  thereupon  such 
tax  or  assessment  becomes  separate.liens  upon  the  respective  parts 


of  such  parcel  of  land  and  in  the  respective  amounts  designated 
by  the  common  conncil. 

§  200.  Taxes  and  assessments  validated. —  All  annual  taxes 
and  local  assessments  heretofore  or  hereafter  levied  and  assessed 
by  the  city  of  Rochester  or  by  its  officers,  together  with  interest, 
fees  and  penalties,  are  and  shall  be  valid  and  effectual,  notwith- 
standing any  irregularity,  omission  or  error  in  the  proceedings 
rehitiug  to  the  same  or  any  of  them,  or  in  the  making,  levying 
or  assessment  of  the  same;  and  all  proceedings  for  the  collection 
of  the  same  are  and  shall  be  valid  and  effectual,  notwithstanding 
any  irregularity,  omission  or  error  in  such  proceedings  or  any  of 
them.  All  proceedings  for  the  insertion  heretofore  or  hereafter 
in  the  annual  tax  rolls  of  local  assessments  or  installments,  ex- 
penses of  public  inf[3rovements  or  work  apportioned  upon  the 
property  benefited,  expenses  of  cleaning  and  repairing  sidewalks, 
water  frontage  taxes,  water  rates,  and  all  other  items,  and  all 
the  proceedings  preliminary  to  inserting  the  same,  including  the 
adding  of  interest  and  penalties,  are  and  shall  be  valid  and 
effectual,  notwithstanding  any  irregiilarity,  omission  or  eii'or 
in  such  proceedings  or  any  of  them.  Nothing  in  this  section 
contained  applies  to  a  local  assessment  heretofore  set  aside  by  the 
common  council  or  a  court  of  competent  jurisdiction,  or  to  local 
assessments   against  the   state  of  Xew  York. 

§  201.  Deeds  to  be  delivered  to  assessors  before  recording. — 
Every  grant,  deed  or  conveyance  of  lands  in  the  city  must,  before 
the  same  is  received  for  recording  by  the  county  clerk  of  Monroe 
county,  be  presented  at  the  ofiice '  of  the  assessors  of  the  city, 
who  must,  without  fee,  note  the  said  transfer  of  title  upon  the 
maps  in  their  office,  and  also  note  the  fact  of  such  presentation 
upon  the  deed  presented;  but  nothing  herein  contained  affects  or 
impairs  the  validity  of  any  record  in  the  said  county  clerk's  office. 

§  202.  Maps  of  subdivisions  of  lands  to  be  filed  with  assessors. 
—  Before  the  OAvner  of  any  tract  or  parcel  of  land  situate  in  the 
city  of  Rochester  sells  or  conveys  any  portion  thereof  in  sub- 
divisions of  such  tract  or  parcel,  he  must  cause  a  map  of  such 


89 

tract  to  be  made  showing  the  subdivisions  thereof,  whh  the  num- 
bers of  the  lots  and  their  dimensions,  and  all  proposed  streets,  lanes 
or  alleys,  which  map  must  be  filed  in  the  office  of  the  county 
clerk  of  Monroe  county,  and  a  copy  or  duplicate  thereof  delivered 
to  the  assessors  of  the  city ;  and  whenever  such  owner  conveys  any 
portion  of  said  tract  in  such  manner  as  to  effect  a  subdivision  of 
any  lots  as  designated  in  such  allotment,  he  must  give  notice 
thereof  immediately  to  the  assessors,  specifying  the  part  so 
divided  and  the  manner  of  division.  Any  person  violating  the  pro- 
visions of  this  section  is  guilty  of  a  misdemeanor. 

§  203.  Procedure  to  review  local  assessments. —  If  it  is  alleged 
that  in  the  proceedings  relative  to  a  public  improvement  or  work 
for  which  a  local  assessment  is  levied,  or  in  the  proceedings  rel- 
ative to  the  levying  and  making  of  the  assessment  therefor,  or  in 
any  of  the  proceedings  relative  to  a  local  assessment,  there  was  any 
fraud  or  substantial  error  by  reason  of  which  the  amount  of  such 
assessment  is  in  excess  of  the  amount  which  ought  to  have  been 
lawfully  levied  or  assessed  upon  all  the  lands  in  the  territory  of 
assessment  or  any  lot  or  parcel  of  land  therein,  or  that  there 
was  a  lack  of  jurisdiction  to  levy  and  assess  the  whole  or  any 
part  of  said  assessment,  any  party  or  parties  aggrieved  thereby 
may,  within  sixty  days  after  the  confirmation  of  the  assessment 
roll,  present  a  petition  in  writing,  duly  verified,  to  the  supreme 
court  at  special  term,  or  to  a  judge  thereof,  or  to  the  county  court 
of  Monroe  county  or  the  county  judge  of  Monroe  county,  asking 
to  have  the  assessment  vacated  or  reduced,  and  the  court  or  judge 
thereupon,  upon  notice  to  the  corporation  counsel,  may  forthwith 
proceed  to  hear  the  proofs  and  allegations  of  the  parties  or  may 
direct  the  same  to  be  heard  before  a  referee,  or  may  direct  that 
any  issue  of  fact  be  tried  before  a  jury.  If,  after  such  hearing, 
it  is  finally  determined  that  there  was  fraud  or  substantial  error 
or  lack  of  jurisdiction  as  hereinbefore  specified,  the  court  may 
reduce  the  entire  assessment  or  any  part  thereof,  or  may  vacate  and 
set  aside  the  entire  assessment  or  any  part  thereof. 

§  204.  Appeals  from  orders  as  to  assessments. —  Either  the    city 


90 

or  any  jiartj  interested  may  appeal  from  the  final  order  of  the 
court  or  judge  thereof  upon  any  proceedings  in  relation  to  local 
assessments  taken  under  this  act,  at  the  same  time  and  in  the 
same  manner  as  an  appeal  from  an  order  in  a  civil  action. 

§  205.  Consolidation  of  proceedings. —  Two  or  more  persons 
may  unite  in  commencing  proceedings  in  relation  to  local  assess- 
ments under  this  act,  and  when  separate  proceedings  to  vacate  or 
reduce  assessments  have  been  commenced  for  the  same  public  im- 
provement or  work,  the  court  or  judge  before  whom  the  same  were 
commenced  or  are  pending,  or  where  some  are  commenced  in  the 
Monroe  county  court  and  some  in  the  supreme  court,  the  supreme 
court  at  special  term  or  a  judge  thereof  at  chambers,  may  make  an 
order  consolidating  such  separate  proceedings  into  one  proceeding. 

§  206.  Assessments  not  to  be  otherwise  reviewed. —  Every  local 
assessment  is  final  and  conclusive  imless  reviewed  as  provided 
in  this  act,  and  may  not  be  vacated  or  reduced  or  set  aside,  or  the 
lien  thereof  declared  illegal  or  void  or  set  aside,  or  a  sale  of 
property  thereunder  be  declared  illegal  or  void  or  restrained,  or  a 
deed  or  certificate  given  upon  a  sale  thereunder  be  declared  illegal 
or  void,  or  any  moneys  paid  on  account  of  or  because  of  said  as- 
sessment be  recovered  back  or  refunded,  unless  proceedings  to 
vacate  or  reduce  such  assessment  are  taken  as  provided  in  this  act. 

§   207.   Action   to   recover  money   paid  upon   assessments Xo 

action  may  be  brought  to  recover  money  from  the  city  of  Roches- 
ter paid  upon  or  upon  account  of  a  local  assessment,  until  such 
assessment  has  been  set  aside  or  reduced  as  provided  in  this  act 
and  one  year  thereafter  has  elapsed. 

§  208.  Amendment  and  certification  of  rolls  for  county  taxes. 
—  The  assessors  luust,  on  or  before  the  fifteenth  day  of  September 
in  each  year,  add  to  the  annual  tax  rolls  prepared  for  the  current 
vear,  the  chares  of  stock  of  banks  or  banking  associations  organized 
under  the  authority  of  this  state  or  the  United  States,  and  may  on 
or  before  said  date  make  such  additional  amendments  and  cor- 
rections in  said  tax  rolls  as  to  the  names  of  the  actual  owners 
or     occupants     and     values     of     real     and     personal     property 


91 

therein  assessed  as  they  deem  proper,  and  must  thereafter  give 
notice  by  publication  in  the  official  papers  for  at  least  three  days 
that  they  will  meet  at  a  time  and  place  designated  in  said  notice 
and  hear  allegations  and  objections  to  the  additions  and  correc- 
tions made  to  said  rolls,  and  must  at  the  time  and  place  designated 
meet  and  hear  the  allegations  and  objections  of  all  persons  ap- 
pearing, and  may  amend  and  correct  such  additions  and  amend- 
ments as  they  deem  proper.  The  assessors  must,  on  or  before  the 
first  day  of  October  in  each  year,  unless  the  time  .is  further  ex- 
tended by  resolution  of  the  board  of  supervisors,  certify  and  de- 
liver to  the  supervisors  of  the  several  wards  of  the  city,  for  the 
use  of  the  board  of  supervisors,  a  correct  copy  of  said  tax 
rolls  prepared  for  the  current  year  as  they  then  exist,  including 
the  additions,  amendments  and  corrections  thereto;  and  the  board 
of  supervisors  must  pay  to  the  city  of  Rochester  for  the  copy  or 
copies  for  their  use  in  the  same  manner  as  payment  is  made  to  the 
supervisors  of  the  several  towns  for  the  town  rolls. 

§  209.  Supervisors  to  levy  taxes  and  annex  warrants  to  tax 
rolls. —  After  the  board  of  supervisors  of  the  county  of  Mon- 
roe has  equalized  and  corrected  the  tax  rolls  of  the  city  of 
Rochester  and  has  inserted  therein  the  county  taxes  levied  and 
assessed  by  said  board,  it  must  on  or  before  the  fifteenth  day  of 
January  next  ensuing  deliver  said  rolls  to  the  county  treasurer 
with  a  warrant  annexed  to  each  roll  under  the  hands  and  seals  of 
the  chairman  and  clerk  of  the  board  of  supervisors,  commanding 
the  treasurer  of  the  county  of  Monroe  to  collect  from  the  several 
persons  named  in  said  roll  the  sums  mentioned  in  the  last  column 
of  each  roll  opposite  their  respective  names,  and  authorizing  the 
county  treasurer,  in  case  any  person  named  in  the  roll  refuses  or 
neglects  to  pay  his  taxes  before  the  fifteenth  day  of  April  next  en- 
suing, to  levy  the  same  by  distress  and  sale  of  goods  and  chattels 
of  such  person. 

§  210.  Notice  to  pay  county  taxes;  interest. —  Inmiediately 
after  receiving  such  rolls  and  warrants,  the  county  treasurer  must 
give  public  notice,  by  advertisement,  in  all  the  daily  newspapers 


92 

printed  in  the  city  of  Rochester,  that  all  persons  named  in  said 
rolls  are  required  to  pay  their  taxes  to  him  at  his  office  before 
the  fifteenth  day  of  April  then  next,  and  stating  the  amount  to  be 
added  if  payments  are  delayed;  the  said  treasurer  must  receive 
the  amount  of  any  tax  levied  on  said  tax  rolls  during  the 
month  of  January  and  before  tlie  first  day  of  February  then 
next,  "without  any  addition  thereto ;  if  the  same  is  paid  on  or 
after  the  first  day  of  February  and  before  the  fifteenth  day  of 
February  next  succeeding  the  levying  of  said  tax,  he  must  charge 
and  receive  an  addition  of  one  per  centum;  if  paid  on  or  after 
the  fifteenth  day  of  February  and  before  the  first  day  of  March 
then  next,  an  addition  of  two  per  centum ;  if  paid  on  or  after  tha 
first  day  of  March  and  before  the  fifteenth  day  thereof,  an  addi- 
tion of  three  per  centum ;  if  paid  on  or  after  the  fifteenth  day  of 
March  and  before  the  first  day  of  April  then  next,  an  addition 
of  four  per  centum ;  if  paid  on  or  after  the  first  day  of  April  and 
before  the  fifteenth  day  of  April  then  next,  an  addition  of  fivp. 
per  centum. 

§  211.  Publication  of  notice  to  persons  omitting"  to  pay  county 
taxes —  The  county  treasurer  must  also,  immediately  after  the 
said  first  day  of  April,  give  public  notice  in  two  of  the  public 
newspapers  of  the  said  city,  to  be  published  in  such  papers  ten 
days,  notifying  all  persons  who  have  omitted  to  pay  their  taxes, 
to  pay  the  iame  to  him  at  his  office  before  the  fifteenth  day  of 
said  month,  and  that  in  default  thereof  a  warrant  will  be  issued 
for  the  collection  thereof  according  to  law. 

§  212,  Warrants  for  collection  of  county  taxes. —  It  is  the 
duty  of  the  county  treasurer,  upon  all  taxes  remaining  unpaid  on 
the  fifteenth  day  of  April  next  succeeding  the  levying  of  the 
taxes,  to  issue  as  many  warrants  as  he  deems  proper,  under 
his  hand,  each  directed  to  any  person  whom  he  may  see  fit 
to  appoint  as  collector  of  the  taxes  specified  in  such  warrant, 
commanding  such  person,  as  such  collector,  to  levy  the  amount  of 
said  tax,  and  an  additional  amount  of  five  per  centum,  and  also 
interest  at  the  rate  of  twelve  per  centum  per  annum  from  said 


93 

fifteenth  day  of  April,  besides  the  fees  of  such  collector,  by  dis- 
tress and  sale  of  goods  and  chattels  of  the  persons  against  whom 
the  said  warrants  are  issued,  or  of  any  goods  and  chattels  in  his 
possession,  wheresoever  the  same  are  found  within  said  county, 
and  to  pay  the  same  to  the  county  treasurer  and  return  such 
warrant  within  twenty  days  after  the  date  thereof;  and  no  claim 
of  property  to  be  made  to  such  goods  and  chattels  so  found  in  the 
possession  of  the  said  party  is  available  to  prevent  a  sale.  After 
the  return  of  any  warrant,  the  county  treasurer,  if  he  deem  ex- 
pedient, may  issue  a  second  or  subsequent  warrant  for  the  taxes 
still  remaining  unpaid,  with  such  percentage  and  interest  and 
fees.  Every  collector  holds  his  appointment  during  the  pleasure 
of  the  county  treasurer,  and  may,  at  any  time,  be  removed  or 
suspended  by  him,  and  the  county  treasurer  and  his  sureties  are 
liable  for  any  collector  and  for  all  money  that  may  be  collected  or 
received  by  him.  ISTo  warrant  may  be  delivered  to  any  collector 
until  he  has  executed  and  deposited  with  the  county  treasurer  a 
bond  to  the  treasurer,  with  two  or  more  sureties,  approved  by  the 
treasurer,  and  acknowledged  in  the  manner  required  for  the  re- 
cording of  conveyances  of  real  estate,  and  conditioned  for  the 
faithful  performance  of  his  duties  as  a  collector  of  the  taxes  speci- 
fied in  such  warrant,  and  for  the  faithful  accounting  and  paying 
over  to  the  treasurer  of  all  moneys  that  he  may  collect  or  receive 
under  such  warrant.  If  any  collector  fail  to  return  any  warrant 
issued  to  him,  as  herein  required,  or  fail  to  pay  over  to  the  treas- 
urer all  money  collected  or  received  by  him,  or  fail  to  render  a 
full  and  true  account  thereof,  the  supreme  court,  or  any  justice 
thereof,  has  jurisdiction,  on  proof  by  affidavit  or  otherwise,  sum- 
marily to  enforce  such  return,  payment  or  accounting  or  all,  as 
the  case  may  be,  by  attachment  and  proceedings  thereon,  in  the 
same  manner  as  if  such  collector  was  a  sheriff  or  officer  of  that 
court ;  the  interest  and  additional  percentage  must  be  paid  to  the 
county  treasurer  with  the  tax,  and  must  be  added  to  the  contin- 
gent fund  of  said  county.  The  treasurer,  immediately  after  re- 
ceiving the  bond  of  any  collector,  must  file  the  same  in  the  office 


91 

of  the  clerk  of  Monroe  county,  and  the  same  is  a  lien  upon  the 
real  estate  of  any  person  executing  the  same,  situated  in  said 
county;  the  collectors  have  full  power  and  authority  to  execute 
such  warrants  in  any  part  of  the  county.  If  any  such  collector 
neglect  and  refuse  to  pay  over  any  money  collected  by  him,  he 
shall  be  deemed  guilty  of  a  misdemeanor. 

§  213.  Collectors'  sales  and  notices. —  The  collectors  must  give 
public  notice  of  the  time  and  place  of  sale  of  the  property  to  be 
sold,  at  least  six  days  previous  to  the  sale,  by  advertisement  to  be 
posted  up  in  at  least  three  public  places  in  the  ward  or  town 
where  such  sale  shall  be  made.   The  sale  must  be  by  public  auction. 

§  214.  Disposition  of  surplus  on  county  tax  collectors'  sales — 
If  the  property  distrained  is  sold  for  more  than  the  amount  of  the 
tax  and  percentage  and  interest,  and  the  cost  of  such  distress  and 
sale,  the  surplus  must  be  returned  to  the  person  in  whose  posses- 
sion such  property  was  when  such  distress  was  made,  if  no  claim 
be  made  to  such  surjDlus  by  any  other  person ;  if  any  other  person 
claim  such  surplus,  on  the  ground  that  the  property  sold  belonged 
to  him,  and  such  claim  be  admitted  by  the  person  for  whose  tax 
the  same  was  distrained,  the  surplus  must  be  paid  to  such  owner; 
but  if  such  claim  is  contested  by  the  person  for  whose  tax  the 
property  was  distrained,  the  surplus  money  must  be  paid  by  the 
collector  into  the  county  treasury,  there  to  be  retained  as  a  special 
deposit  until  the  rights  of  the  parties  are  determined  by  due 
process  of  law. 

§  215.  Other  proceedings  for  the  collection  of  county  taxes. — 
The  county  treasurer  must  take  such  other  proceedings  to  enforce 
the  collection  of  taxes  as  may  be  provided  by  law. 

AETICLE  VIII. 

BOARD  OF   CONTRACT  AND   SUPPLY. 

Section  226.  Board  of  contract  and  supply. 

227.  Duties  of  board  of  contract  and  supply. 

228.  Proposals. 


05 

Section   229.  Opening  of  bids. 

230.  Designation  of  kind  of  pavement. 

231.  Contract  and  labor  bonds. 

232.  Action  by  laborer  on  bond, 

233.  Guaranty  bond. 

234.  Contract  not  to  exceed  estimate. 

235.  Contracts  exceeding  one  year. 

236.  Secretary. 

237.  Supplies  and  materials  under  two  hundred  and  fifty 

dollars. 

238.  Work  under  two  hundred  and  fifty  dollars. 

239.  Annual  contracts  for  supplies  and  materials. 

240.  Emergency  repairs. 

241.  Application  of  this  article. 

Section  22G,  Board  of  contract  and  supply —  The  board  of 
contract  and  supply  is  composed  of  the  commissioner  of  public 
works  who  is  president  thereof,  comptroller,  corporation  counsel, 
and  city  engineer.  The  mayor  may  at  any  time  sit  and  vote  as  a 
member  and  act  as  president  of  the  board.  The  board  has  power 
to  appoint  to  hold  office  during  its  pleasure,  a  secretary  and 
such  other  subordinates  as  may  be  prescribed  by  the  board  of 
estimate  and  apportionment. 

§  227,  Duties  of  board  of  contract  and  supply. —  It  is  the 
duty  of  the  board  of  contract  and  supply  after  public  notice  and 
in  accordance  with  regulations  prescribed  by  general  ordinances 
of  the  common  council,  to  let  to  the  lowest  bidder  who  will  give 
adequate  security  for  the  performance  of  his  contract,  all  con- 
tracts for  the  performance  of  any  work  or  for  the  supply  of  any 
materials  in  all  cases  where  the  expense  of  such  work  or  materials 
or  both  exceeds  the  sum  of  two  hundred  and  fifty  dollars,  unless 
by  ordinance  of  the  common  council  unanimously  adopted  and 
unanimously  approved  by  the  board  of  estimate  and  apportion- 
ment it  is  determined  to  be  impracticable  to  procure  such  work  or 
materials  or  both  by  contract;  except  that  the  board  may  let  con- 
Chap.  755  7 


96 

tracts  for  swooping,  cloaning,  caring  for  and  embollisliing  streets 
and  removing  snow  and  ice  from  sidewalks,  to  other  than  the 
lowest  bidder,  \\\)()n  jjetition  of  a  majority  of  the  property  owners 
liable  to  be  assessed  for  the  cost  thereof,  owning  not  less  than 
two-fifths  of  the  feet  front  of  property  liable  to  be  assessed,  as 
appears  by  the  records  of  the  assessors.  The  notice  must  de- 
scribe the  work  and  materials  for  which  contracts  will  be  let,  and 
the  day  and  honr  and  place  of  the  meeting  of  the  board  at  which 
proposals  therefor  will  be  opened,  and  must  state  the  character  and 
amount  of  security,  if  any,  required  to  accompany  the  bid  or  pro- 
posal to  insure  the  execution  of  the  contract  in  case  it  is  awarded. 
Specifications  for  a  public  improvement  or  work  must  be  prepared 
•and  set  forth  sufficient  details  thereof  to  inform  all  persons  pro- 
posing to  bid  therefor  of  the  nature  of  the  work  to  be  done  and  of 
the  materials  to  be  supplied,  and  the  same  must  be  written  or 
printed  and  copies  thereof  delivered  to  applicants  therefor. 

§  228.  Proposals. —  No  contract  must  be  let  except  after  the 
Tcceipt  of  sealed  bids  or  proposals  therefor,  and  no  bid  or  ]Droposal 
•may  be  received  at  any  time  other  than  at  a  regular  meeting  of  the 
board  and  unless  they  conform  to  the  rules  of  the  board  and  the 
general  ordinances  of  the  common  council.  All  bids  and  proposals 
must  be  endorsed  with  the  title  of  the  work  or  materials  to  which 
they  relate,  the  name  of  the  bidder  and  his  residence. 

§  229.  Opening  of  bids. —  It  is  the  duty  of  each  member  of 
the  board  to  be  present  at  the  time  and  place  mentioned  in  the 
public  notice  for  the  receipt  and  ojiening  of  bids  and  proposals, 
and  such  meetings  must  be  open  to  the  public.  After  all  the  bids 
■and  proposals  have  been  presented,  but  not  until  one-half  hour 
'after  the  time  stated  in  the  public  notice  for  holding  the  meeting, 
•all  bids  must  be  opened  by  some  member  of  the  board  or  its  secre- 
tary publicly  and  in  the  presence  of  the  bidders  and  other  persons 
then  present,  and  an  abstract  of  all  such  bids  or  proposals  with  the 
prices  and  security  offered  must  be  transcribed  in  a  book  kept  for 
that  purpose  without  any  change,  correction  or  addition  whatever. 
A  majority  of  the  board  need  not  be  present  when  such  bids  and 


97 

proposals  are  opened.  The  board  may  reject  all  bids  or  proposals 
received  and  re-advertise  for  new  bids  or  proposals.  The  contract 
*maj  be  awarded  at  the  meeting  at  which  the  bids  are  opened  or 
within  a  reasonable  time  thereafter.  Xo  person  submitting  or  on 
whose  behalf  a  bid  or  proposal  is  submitted,  or  the  principal  or 
'sureties  on  any  bond  or  security  accompanying  the  same  has  the 
•right  to  withdraw  or  cancel  any  such  bid,  proposal  or  bond,  except 
\vith  the  consent  of  the  board  of  contract  arid  supply,  until  the 
'board  has  awarded  the  contract  for  which  such  bid  or  proposal  is 
made  and  such  contract  has  been  executed.  iN'o  bid  may  be  ac- 
cepted from  or  contract  awarded  to  any  person  or  corporation  who, 
either  as  principal  or  surety,  is  in  default  to  the  city  upon  debt, 
contract  or  obligation. 

§  230.  Designation  of  kind  of  pavement. —  Separate  plans  and 
■specifications  must  be  prepared  for  each  material  specified  by  the 
•common  council  as  proposed  to  be  used  in  paving  or  repaving  a 
public  street,  highway  or  place,  and  for  each  particular  kind, 
tnake,  style  or  brand  of  material  specified  by  the  common  council, 
if  any,  and  proposals  must  be  invited  pursuant  to  the  provisions 
'of  this  act  for  all  the  materials  and  all  the  particular  kinds,  makes, 
'styles  and  brands  of  materials  so  specified.  A  majority  of  the 
"property  o^vners  liable  to  be  assessed  for  the  cost  of  such  improve- 
'ment,  owning  not  less  than  two-fifths  of  the  feet  front  of  property, 
exclusive  of  city  property,  fronting  the  public  street,  highway  or 
place  to  be  paved  or  repaved,  as  appears  by  the  records  of  the 
'assessors,- may  at  any  time  within  one  week  after  proposals  for 
•doing  such  work  have  been  received  and  opened,  present  to  the 
board  of  contract  and  supply  a  petition  or  other  writing  desig- 
nating any  material,  or  any  particular  kind,  make,  style  or  brand 
of  material  for  which  bids  liave  been  received,  to  be  used  in  con- 
structing the  pavement ;  and  if  the  property  owners  do  not  make 
•such  designation  the  common  council  must,  not  later  than  its  next 
regular  meeting  after  the  expiration  of  one  week  from  tlie  receiv- 
ing and  opening  of  proposals,  designate  any  maten'al  or  any  par- 


98 

'ticular  kind,  make,  style  or  hi'aiid  of  material  for  wliieli  Lids  have 
'been  received,  to  be  used  in  constructing  such  pavement.  If  the 
common  council  fail  to  make  such  designation,  the  board  of  con- 
tract and  supply  may  do  so;  and  the  contract  for  such  improve- 
■ment,  if  awarded,  must  be  awarded  to  the  lowest  bidder  for  the 
"material  so  designated,  and  if  any  particular  kind,  make,  style  or 
brand  of  material  is  designated,  to  the  lowest  bidder  for  such 
•particular  kind,  make,  style  or  brand  of  material. 

§  231.  Contract  and  labor  bonds. —  The  board  may  provide 
that  the  successful  bidder  must  execute  and  deliver  to  the  city  a 
bond  in  a  sum  and  with  the  number  of  sureties  designated  by  it, 
'conditioned  for  the  faithful  performance  of  the  contract,  or  con- 
ditioned for  the  payment  of  the  wages  and  compensation  of  all 
laborers  employed  on  the  work  for  which  the  contract  is  made,  by 
the  contractor,  the  subcontractor,  agent  or  any  other  person;  or 
containing  both  conditions. 

§  232.  Action  by  laborer  on  bond. — -  Any  laborer  employed  on 
municipal  work  performed  by  a  contractor  for  which  a  bond  con- 
ditioned for  the  payment  of  laborers  has  been  given,  may  within 
'six  months  after  wages  or  compensation  are  due  him,  bring  an 
'action  on  such  bond  to  recover  any  moneys  claimed  to  be  due  him 
for  work  performed  under  such  contract ;  and  any  number  of 
laborers  may  unite  in  one  action ;  but  the  city  is  not  liable  upon 
•or  by  reason  of  such  bond  or  for  any  costs  or  expenses  in  any 
action  or  proceeding  thereon. 

§  233.  Guaranty  bond. —  When  the  coimnon  council  has  pro- 
vided for  1;he  guaranty  of  any  public  improvement  or  work,  the 
board  of  contract  and  supply  must  cause  to  be  executed  and  de- 
livered to  the  city  with  the  contract,  a  bond  in  an  amount  and  with 
the  number  of  sureties  designated  by  it,  conditioned  for  keeping 
and  maintaining  the  improvement  in  good  order  and  repair  for 
the  period  designated  by  the  common  council,  and  containing  such 
other  conditions  as  the  board  may  specify. 

§  234.  Contract  not  to  exceed  estimate. — ■  The  board  must  not 
let  a  contract  for  a  public  improvement  or  work  involving  a  local 


99 

■assessment,  for  a  greater  sum  than  the  estimated  cost  thereof,  but 
'if  a  greater  amount  than  the  estimated  cost  is  necessarily  expended 
in  the  improvement  or  work  by  reason  of  alteration  or  extension  of 
ttie  plans  and  specifications  therefor,  or  otherwise,  the  whole  cost 
'thereof  may  nevertheless  be  computed  by  the  comptroller  and  re- 
ported to  the  assessors  to  be  assessed  upon  the  portion  or  part  of 
'the  city  directec]  by  the  final  ordinance  to  be  assessed  for  the  cost 
bf  the  improvement  or  work. 

§  235.  Contracts  exceeding  one  year. —  The  board  of  contract 
'and  supply  is  authorized  to  let  contracts  for  periods  exceeding  one 
^'ear  and  providing  for  the  payment  of  specified  annual  amounts 
thereon,  for  the  collection,  removal  and  disposal  of  ashes,  garbage 
and  dead  animals,  for  the  cleaning  and  sweeping  of  streets,  for  the 
lighting  of  public  streets,  highways  and  places;  and  when  auth- 
crized  by  ordinance  of  the  common  council  adopted  by  a  vote  of 
three-fourths  of  all  the  members,  for  the  erection  and  construction 
of  public  buildings  and  works,  subject  to  such  restrictions  as  to 
annual  payments  and  sources  of  payments  as  may  be  provided 
'in  such  ordinance.  Contracts  for  public  improvements  and  work 
'involving  local  assessments  may  be  let  for  periods  exceeding  one 
year. 

§  2oG.  Secretary —  The  secretary  of  the  board  of  contract  and 
supply  must  keep  a  full  journal  of  all  the  proceedings  of  the  board, 
and  must  perform  such  other  duties  as  may  be  required  by  the 
board  or  by  law  or  by  ordinance  of  the  common  council. 

§  237.  Supplies  and  materials  under  two  hundred  and  fifty 
dollars. — ■  Supplies  and  materials  not  exceeding  two  hundred  and 
fifty  dollars  in  cost  must  be  called  for  by  requisition  in  writing 
signed  by  the  head  of  the  department,  president  of  the  board, 
judge  of  the  court,  or  officer  requiring  the  same,  and  delivered 
to  the  secretary  of  the  board  of  contract  and  supply,  who  thereupon 
has  the  power  to  purchase  the  same,  and  he  must  deliver  to  the 
vendor  a  written  order  therefor  upon  which  is  printed  or  written 
a  statement  that  the  claim  therefor  is  subject  to  audit  of  the  comp- 
troller, and  such  order  must  be  delivered  to  the  comptroller  with 


100 

the  claim  therefor.  The  board  of  contract  and  supply  may  make 
such  rules  and  regulations  governing  purchases  by  its  secretary 
as  it  deems  proj)er. 

§  238.  Work  under  two  hundred  and  fifty  dollars. —  Work  not 
exceeding  two  hundred  and  fifty  dollars  in  cost  must  be  called  for 
by  requisition  in  writing  signed  by  the  head  of  the  department, 
president  of  tbe  board,  judge  of  the  court,  or  officer  requiring 
the  same,  and  delivered  to  the  board  of  contract  and  supply  or  its 
secretary.  The  board  must  pass  upon  such  requisition  and  when 
ordered  the  clerk  must  deliver  to  the  officer  making  the  requisition 
a  written  order  therefor,  upon  which  is  printed  or  written  a  state- 
ment that  the  claim  therefor  is  subject  to  audit  of  the  comptroller; 
and  thereupon  such  work  may  be  done,  and  such  written  order 
must  accompany  the  claim  therefor  when  presented  to  the 
comptroller. 

§  239.  Annual  contracts  for  supplies  and  materials. —  The 
board  may  let  contracts  for  the  furnishing  of  supplies  or 
materials  for  the  fiscal  year  or  part  thereof,  and  when  requisitions 
are  presented  to  the  secretary  for  supplies  or  materials  covered 
by  such  contracts,  he  must  purchase  the  same  under  such  contracts. 

§  240.  Emerg-ency  repairs. —  In  case  of  accident  or  other  injury 
by  which  the  heating,  plumbing  or  elevators  in  any  of  the  muni- 
cipal buildings  or  any  of  the  fire  or  water  w^orks  apparatus  or 
water  works  system  becomes  disabled,  the  head  of  the  department 
having  jurisdiction  thereof,  if  in.  his  judgment  public  interests 
require  it,  may  cause  repairs  thereto  to  be  made  without  a  letting 
by  contract  and  without  order  of  the  board  of  contract  and  supply, 
upon  filing  with  the  comptroller  a.  certificate  approved  by  the 
mayor,  showing  such  emergency  and  the  necessity  for  such  repairs. 

§  241.  Application  of  this  article. —  The  provisions  of  this 
article  do  not  apply  to  the  department  of  parks,  department  of 
public  instruction,  or  Mount  Hope  commission. 


101 

AKTICLE  IX. 

Department  of  Public  Works. 

Section  252.  Commissioner  of  public  works. 

253.  Powers  and  duties  of  commissioner. 

254.  Repair  and  cleaning  of  sidewalks. 

255.  City  not  liable  without  notice. 

256.  Abandoned  streets. 

257.  Streets  by  prescription. 

258.  Power  to  remove  encroachments  and  obstructions. 

259.  Power  to  enter  upon  streets  for  construction  and 

repair  of  sewers. 

260.  Purchase  of  lands. 

261.  Water  works  bureau. 

262.  Duties  of  superintendent  of  water  works. 

263.  Water  works. 

264.  Water  meters. 

265.  Power  to  enter  upon  streets  for  laying  pipes. 

266.  Power  to  acquire  real  estate  for  water  supply. 

267.  Extending  water  mains  beyond  the  limits  of  the  city. 

268.  Manner  of  acquiring  real  property  for  water  works 

purposes. 

269.  Interference  with  v^'ater  works  property. 

270.  Tapping  water  pipes  prohibited. 

271.  Statement  of  unpaid  water  rates. 

272.  Statement  for  water  frontage  tax. 

273.  No  person  or  corporation  to  distribute  water  without 

-franchise. 

274.  Bureau  of  weights  and  measures. 

275.  Duties  and  powers  of  sealer. 

Section  252.  Commissioner  of  public  works. —  The  commis- 
sioner of  public  works  is  the  head  of  the  department  of  public 
works  and  has  power  to  appoint  to  hold  office  during  his  pleasure 
a  deputy,  a  superintendent  of  water  works,  a  sealer  of  weights  and 


102 

measures,  and  such  other  subordinates  as  may  be  prescribed  by  the 
board  of  estimate  and  apportionment. 

§  253.  Powers  and  duties  of  commissioner.  —  The  commis- 
sioner, subject  to  the  provisions  of  law  and  ordinances  of  the 
comiuon  coinicil,  li;is  iicnci'iil  ('(Hiiii/cance,  di reel  ion  and  control  of 
the  construction,  maintenance,  alteration,  repair,  care,  embellish- 
ment, cleaning,  paving,  flagging,  grading,  sprinkling,  lighting  and 
improvement  of  the  public  streets  highways  and  places;  of  the 
construction,  maintenance,  alteration,  repair,  cleaning  and  exten- 
sion of  municipal  sewers  and  drains,  including  the  portion  of  the 
west  side  sewer  now  or  hereafter  within  the  city ;  of  the  construc- 
tion, maintenance,  alteration  and  repair  of  bridges  and  arches 
over  any  water  or  other  places  which  the  city  is  bound  to  con- 
struct or  maintain;  of  the  construction,  alteration  and  repair  of 
municipal  buildings;  of  the  construction,  maintenance,  alteration, 
extension,  repair  and  care  of  the  city  water  works  and  of  all  pub- 
lic improvements  and  work ;  of  the  collection  and  disposal  of  garb- 
ago  and  dead  animals,  ashes  and  other  refuse ;  and  he  has  power  to 
make  ordinary  repairs  or  improvements  upon  and  to  clean  public 
streets,  highways  and  places,  sidewalks,  crosswalks,  gutters,  vaults, 
drains,  culverts  and  bridges  of  the  city.  When  any  of  the  above 
improvements  or  work  or  any  other  similar  public  improvement 
or  work  is  performed  under  contract  with  the  city,  the  com- 
missioner has  general  cognizance,  direction  and  control  thereof. 
Except  as  otherwise  provided  by  law  or  ordinance  of  the  common 
council,  the  commissioner  of  public  works  has  over  the  public 
streets,  highways  and  places  within  the  city  all  the  jurisdiction 
and  is  charged  with  all  the  duties  of  commissioners  of  highways 
within  the  towns  of  the  state.  The  j)rovisions  of  this  section  do 
not  apply  to  the  department  of  parks,  the  department  of  public 
instruction  or  Mount  Hope  commission. 

§  254.  Repair  and  cleaning  of  sidewalks. —  It  is  the  duty  of 
the  owner  of  any  lot  or  parcel  of  land  to  keep  the  sidewalks 
adjoining  his  lot  or  parcel  of  land  in  good  repair,   and  of  the 


103 

owner  and  the  occupant  of  the  ground  floor  of  any  structure 
thereon  to  remove  and  clean  away  all  snow  and  ice  and  other 
obstructions  from  such  sidewalks.  The  commissioner  of  public 
works  has  the  power  to  cause  to  be  repaired  any  sidewalk  where 
the  owner  of  the  abutting  property  neglects  or  refuses  to  repair  the 
same  for  five  days  after  a  written  notice  so  to  do  has  been  served 
upon  him,  either  personally  or  by  leaving  the  same  at  his  residence, 
or  if  he  be  a  non-resident  by  mailing  the  same  to  him  at  his  last 
known  place  of  residence,  or  if  the  name  of  the  owner  or  his  place 
of  residence  cannot  be  ascertained  after  due  diligence,  by  posting 
the  same  in  a  conspicuous  place  on  the  premises.  The  commis- 
sioner of  public  works  has  power  to  cause  to  be  cleaned  or  removed 
from  any  sidewalk,  snow,  ice  or  other  obstructions  where  the  same 
have  remained  thereon  for  twelve  hours.  A  bill  or  statement  of  the 
amount  of  expenses  incurred  in  making  such  repairs  or  cleaning 
from  the  sidewalks  snow,  ice  or  obstructions,  must  be  served  on 
the  owner  as  hereinbefore  provided  for  the  service  of  a  notice  to 
repair.  If  such  expense  is  not  paid,  an  affidavit  of  the  actual 
cost  thereof  with  an  addition  thereto  of  ten  per  centum  and  the 
property  in  front  of  which  the  work,  repairs  or  cleaning  was  done, 
and  the  date  of  completion  thereof,  must  be  filed  with  the  assessors 
of  the  city  on  or  before  the  first  day  of  March  in  each  year.  In 
addition  to  other  remedies  herein  provided,  the  city  of  Rochester 
has  a  cause  of  action  against  any  owner  to  collect  the  expense  of 
any  work  or  repairs  done  or  made  as  aforesaid. 

§  2'b5.  City  not  liable  without  notice. —  The  city  is  not  liable, 
and  no  action  is  maintainable  against  it  for  an  injury  to  person 
or  property  caused  by  the  existence  of  snow  and  ice,  or  either, 
upon  any  sidewalk,  roadway,  public  street,  highway  or  place, 
bridge,  culvert  or  crosswalk,  unless  written  notice  thereof  relat- 
ing to  the  particular  place  has  been  given  to  the  commissioner 
of  public  works  a  rt^isonable  time  before  the  happening  of  any 
such  injury. 

§  250.    Abandoned  streets. —  Every  street  not  used  by  the  public 


104 

as  a  street  for  twenty  contimioiis  years,  and  every  street  not 
opened  or  worked  within  twenty  years  from  the  time  of  its  dedica- 
tion or  the  time  it  was  laid  ont  or  opened  as  a  street,  ceases  to 
be  a  street;  but  the  period  during  which  any  action  or  proceeding 
is  pending  in  regard  to  any  such  street  forms  no  part  of  such 
twenty  years.  Tliis  section  does  not  give  any  person  building 
upon,  encroaching  upon  or  obstructing  a  public  street,  highway  or 
place,  any  right  therein,  or  divest  the  city  or  public  of  its  right 
therein,  and  the  city  is  never  barred  by  lapse  of  time  from 
removing  any  obstruction,  encroachment  or  structure  upon  a  public 
street,  highway  or  place. 

§  257.  Streets  by  prescription. —  All  lands  which  have  been 
used  by  the  public  as  a  street  or  highway  for  six  years  or  more 
continuously,  become  a  public  street  or  highway  with  the  same 
force  and  effect  as  if  duly  laid  out  and  opened  or  dedicated  as 
such,  and  such  user  is  presumed  to  have  been  had  with  the  assent 
and  permission  of  the  owner  and  all  other  persons  having  any  right 
or  interest  therein,  and  to  be  conclusive  evidence  of  an  intention 
on  their  part  to  dedicate  such  lands  to  the  public  use. 

§  258.    Power  to  remove  encroachments  and  obstructions The 

commissioner  may  summarily  remove  any  encroachment,  obstruc- 
tion or  structure  unlawfully  maintained  upon,  over  or  under  a 
public  street,  highway  or  place,  or  prevent  the  construction  thereof 
if  about  to  be  construcied. 

§  259.  Power  to  enter  upon  streets  for  construction  and  repair 
of  sewers. —  The  commissioner  of  public  works  may  enter  upon 
any  public  street,  highway  or  place  in  the  city  for  the  purpose  of 
constructing,  repairing,  altering  and  maintaining  public  sewers 
and  drains,  and  may  enter  upon  any  public  street,  highway  or  place 
without  the  city  limits,  subject  to  regulation  by  the  officials 
having  control  thereof,  for  the  purpose  of  constructing,  repairing, 
altering  and  maintaining  public  sewers  and  drains,  and  may  carry 
and  conduct  the  sarne  under  or  across  any  water  course,  canal 
or  railroad  within  or  without  the  limits  of  the  city,  provided  that 
such  public  street,  highway  or  place,  or  water  course,  canal  or 


105 

railroad  crossing  so  entered  upon  is  restored  in  as  good  condition 
as  before  such  entry ;  and  the  city  may  maintain  sewers  and  drains 
in  and  under  the  public  streets,  highways  and  places  within  and 
without  the  city  in  which  they  are  now  laid. 

§  2 GO.  Purchase  of  lands. — •  Whenever  the  purchase  of  real 
estate  or  any  right  or  easement  therein  is  authorized  by  the 
common  council,  except  for  school  purposes,  the  commissioner  of 
public  works  must  if  possible  purchase  such  real  estate  or  right  or 
easement  therein  at  a  price  approved  by  the  board  of  estimate 
and  apportionment,  and  if  unable  to  purchase  the  same  at  such 
price  he  must  thereupon  report  to  the  corporation  counsel  his 
inability  to  make  the  purchase. 

§  261.  Water  works  bureau. —  The  water  works  bureau  is  in  the 
department  of  public  works,  and  the  chief  officer  thereof  is  the 
superintendent  of  water  works,  and  he  has  power,  with  the  ap- 
proval of  the  commissioner,  to  appoint  to  hold  office  during  his 
pleasure  such  subordinates  as  may  be  prescribed  by  the  board  of 
estimate  and  apportionment. 

§  262.  Duties  of  superintendent  of  water  works. —  The  super- 
intendent of  water  works,  under  the  direction  and  control  of  the 
commissioner,  has  the  government  and  management  of  the  water 
works  and  water  works  system. 

§  263.  Water  works. —  It  is  the  duty  of  tlie  commissioner  of 
public  works  to  see  that  the  city  has  an  abundant  supply  of  whole- 
some water  for  public  and  private  use;  to  devise  the  plans  and 
sources  of  water  supply;  to  plan  and  supervise  the  distribution 
of  water  through  the  city;  to  protect  it  against  contamination; 
to  fix  and  adjust  from  time  to  time,  with  the  approval  of  the 
board  of  estimate  and  apportionment,  the  prices  and  rates  to  be 
paid  for  the  use  and  cousumption  of  water,  and  special  prices  and 
rates  may  be  fixed  for  consumers  using  extraordinary  amounts  of 
water,  and  for  consumers  outside  of  the  city. 

§  264.  Water  meters.—  The  commissioner  of  i)ublic  works  has 
power  to  cause  water  meters  to  be  placed  in  or  upon  any  house, 


100 

building,  structure  or  laud  where  water  is  used,  at  the  cost  and 
expense  of  the  owner  of  such  house,  huildin^,  Klriu-tnrc  or  land. 

§  205,  Power  to  enter  upon  streets  for  laying  pipes. —  I'he 
commissioner  of  public  works  may  enter  upon  any  public  street, 
highway  or  place  in  the  city,  for  the  purpose  of  laying,  altering, 
repairing-  and  maintaining  conduits,  mains  and  pipes  for  the  con- 
veyance of  water  and  for  the  purpose  of  constructing,  repairing, 
altering,  maintaining  or  extending  any  portion  of  the  water  works 
of  said  city,  and  may  lay  and  construct  such  conduits,  mains  and 
pipes  over,  under  or  across  any  water  course,  canal  or  railroad, 
and  may  enter  upon  any  public  street,  highway  or  place  without 
the  city  limits,  subject  to  regulation  by  the  officials  having  con- 
trol thereof,  for  the  purpose  of  laying,  altering,  repairing  and 
maintaining  conduits,  mains  and  pipes  for  the  conveyance  of 
water ;  and  may  carry  and  conduct  the  same  over,  imder  or  across 
any  water  course,  canal  or  railroad  without  the  limits  of  the  city, 
provided  that  such  public  street,  highway  or  place,  or  water  course, 
canal  or  railroad  crossing  so  entered  upon  is  restored  in  as  good 
condition  as  before  such  entry ;  and  the  city  may  maintain  its  con- 
duits, mains  and  pipes  in  and  under  the  public  streets,  highways 
and  places  wdthin  and  without  the  city  in  which  they  are  now  laid, 
and  over,  under  or  across  the  water  courses,  canals  and  railroads 
over,  under  or  across  which  they  are  now  maintained. 

§  206.  Power  to  acquire  real  estate  for  water  supply. —  The 
city  may  acquire  title  to  real  estate,  waters,  lakes,  springs,  ponds 
or  streams,  or  any  right  or  easement  therein,  which  may  be  neces- 
sary for  the  purposes  of  the  water  works  of  said  city,  or  to  pro- 
tect the  sources  of  water  supply  from  pollution;  and  may  enter 
upon,  control  and  use  the  waters  of  Canadice  and  Hemlock  lakes 
for  the  purpose  of  procuring  a  water  supply;  and  has  also  the 
power  to  raise  the  surface  of  said  lakes  not  to  exceed  two  feet, 
and  to  draw  down  said  water  below  low  water  mark  not  to  ex- 
ceed eight  feet ;  and  has  the  power  to  take  such  measures  and  make 
such  constructions  as  may  be  necessary  to  secure  said  waters  for 
the  purpose  intended  and  to  protect  the  same  from  improper  ob- 
structions or  pollution  from  any  cause. 


107 

§  267.  Extending"  water  mains  beyond  the  limits  of  the  city. — 
When  authorized  by  ordinance  of  the  common  council,  water  mains 
may  be  extended  beyond  the  limits  of  the,  city  to  the  towns  ad- 
joining. 

§  208.  Manner  of  acquiring  real  property  for  water  works 
purposes. —  When  real  estate,  or  rights  or  casements  therein, 
or  property  rights  are  taken  for  water  works  purposes,  such 
real  estate,  or  rights  or  easements  therein,  or  property  rights  must 
be  acquired  in  the  same  manner  as  is  provided  herein  for  the  ac- 
quisition of  other  real  property. 

§  2G9.     Interference  with  water  works  property Any  person 

who  wilfully  does  or  causes  to  be  done  any  act  whereby  any  work, 
materials  or  property  whatsoever  erected  or  used  by  the  city  of 
Rochester  for  or  in  connection  with  the  water  works  of  said  city  is 
impaired  or  injured,  or  who  diverts,  draws  down  or  diminishes  the 
water  of  Hemlock  or  Canadice  lake  without  authority  of  law,  or 
who  in  any  way  interrupts  or  prevents  the  flow  of  water  through 
the  conduits,  mains,  pipes  or  service  of  said  works,  or  who  throws, 
deposits,  places,  casts,  passes,  or  causes  to  be  passed,  cast,  placed, 
deposited  or  thrown  into  tbe  waters  of  Hemlock  or  Canadice  lakes, 
or  into  any  reservoir,  conduit,  aqueduct,  main  or  pipe  belonging 
to  the  waters''^  works  of  said  city,  any  dead  animal,  deleterious, 
offensive,  filthy,  impure  or  obstructing  matter,  thing  or  liquid, 
■  •r  who  places  any  of  said  described  matter,  thing  or  liquid  so  that 
the  same  may  be  washed  or  carried  or  flow  into  either  of  said 
lakes  or  any  reservoir,  conduit,  aqueduct,  main  or  pipe  supplied 
with  water  therefrom,  or  who  unla^vfully  trespasses  upon  water 
and  lands  acquired  by  the  city  of  Rochester  for  the  source  of  its 
water  supply  or  the  protection  thereof,  is  guilty  of  a  misdemeanor. 

§  270.  Tapping  water  pipes  prohibited. —  Any  person  who, 
without  the  consent  of  the  city  of  Rochester,  its  authorized  officers 
and  agents,  taps,  opens  or  connects  with  any  conduit,  main  or 
pipe,  or  opens  any  hydrant,  valve  or  stop-cock  connected  with  the 
water  works  or  water  works  system  of  said  city,  or  makes  any  ex- 

*  So  in  original. 


108 

tension  of  existing  service  pipes,  whereby  increased  quantities  of 
water  are  or  may  be  used  without  said  consent,  or  leaves  open 
any  hydrant,  valve,  faucet,  stop-cock  or  other  fixture  for  continu- 
ous flow,  of  and  through  which  there  is  continuous  flow  beyond 
what  may  be  necessary  for  actual  use  for  the  purposes  required 
in  connection  with  such  hydrant,  valve,  faucet,  stop-cock  or  otlier 
fixture,  is  guilty  of  a  misdemeanor.  « 

§  2T1.  Statement  of  unpaid  water  rates. —  It  is  the  duty  of 
the  commissioner  of  public  works  on  or  before  the  first  day  of 
March  in  each  year  to  report  to  the  assessors  of  the  city  each  and 
all  unpaid  water  rates,  adding  thereto  interest  at  ten  per  centum 
per  annum  from  the  time  each  became  due  to  the  first  day  of 
June  following  the  report,  with  a  description  of  the  respective 
lots  or  parcels  of  land  on  which  the  same  are  charges  or  liens,  and 
the  name  of  the  respective  owners  thereof. 

§  272.  Statement  for  water  frontage  tax. —  The  commissioner 
of  public  works  must,  on  or  before  the  first  day  of  March  in  each 
year,  make  and  deliver  to  the  assessors  a  statement  of  each  lot 
on  which  no  water  rates  accrued  or  were  paid  to  the  city  during 
the  preceding  year,  in  cases  where  such  lots  are  situate  on  a 
public  street,  highway  or  place  in  the  city  in  which  the  city's 
water  mains  are  laid  and  in  use,  and  also  of  each  lot  exceeding 
two  hundred  feet  in  frontage  on  which  the  water  rates  accrued 
or  paid  to  the  city  during  the  preceding  year  did  not  aggregate  an 
amount  equal  to  at  least  three  cents  on  each  lineal  foot  of  the 
whole  frontage.  The  statement  must  contain  the  name  of  the 
owTier  of  each  lot  and  the  number  of  feet  frontage  thereof,  except 
that  in  the  hereinbefore  specified  case  of  a  lot  of  over  two  hu  adred 
feet  frontage  the  number  of  feet  front  in  excess  of  two  hundred 
mus'j;  be  specified;  and  such  other  description  of  the  lots  must  be 
inf /jrted  as  may  be  sufiicient  to  identify  them. 

§  273.  No  person  or  corporation  to  distribute  water  without 
franchise. —  Xo  person  or  corporation  other  than  the  citv  may 
enter  upon  or  excavate  any  public  street,  highway  or  place  in  the 
city  of  Rochester  for  the  purpose  of  laying  conduits,   mains  or 


109 

\npes  for  the  convcyaiiee  of  Avater,  without  the  pennission  of  the 
common  council,  which  body  may  deny  any  such  application  in  its 
discretion;  and  no  person  or  corporation  other  than  the  city  may 
furnish,  sell  or  distribute  water  within  the  city,  except  under  a 
franchise  granted  as  provided  in  this  act. 

§  274.  Bureau  of  weig-hts  and  measures. —  The  bureau  of 
weights  and  measures  is  in  the  department  of  public  works,  and 
the  chief  officer  thereof  is  the  sealer  of  weights  and  measures, 
and  he  has  power,  with  the  approval  of  the  commissioner,  to  ap- 
point to  hold  office  during  his  pleasure  such  subordinates  as  may 
be  prescribed  by  the  board  of  estimate  and  apportionment. 

§  275.  Duties  and  powers  of  sealer. —  The  sealer  of  weights 
and  measures,  under  the  direction  and  control  of  the  commissioner, 
has  the  powers  and  must  perform  the  duties  of  town  sealers  of 
weights  and  measures  under  the  general  laws  of  the  state,  and 
nnist  supervise  the  weighing  of  coal  as  prescribed  by  law,  and  must 
inspect  and  seal  weights  and  measures  as  prescribed  by  the  ordi- 
nances of  the  common  council  or  otherwise  by  law ;  and  must  per- 
form such  other  duties  as  may  be  prescribed  by  ordinance  of  the 
common  council. 

ARTICLE  X. 

Department  of  Engineeking. 

Section  286.  City  engineer. 

287.  Powers  and  duties  of  city  engineer. 

288.  Appointment  of  experts. 

289.  Application  of  article. 

Section  286.  City  engineer. —  The  city  engineer  is  the  head 
of  the  department  of  engineering,  and  has  the  power  to  appoint  to 
hold  office  during  his  pleasure  a  deputy  and  such  other  subordi- 
nates as  may  be  prescribed  by  the  board  of  estimate  and  appor- 
tionment. 

§  287.  Powers  and  duties  of  city  engineer. —  It  is  the  duty 
of  the  city  engineer  to  perform  all  engineering  and  surveying 
services  needed  in  the  affairs  or  business  of  the  city,  and  of  the 


110 

(Icpiirl  iiiciils,  l)()iinls,  Imrcaiis  iiiid  (tlliccs  t  hereof;  to  siiiK-rvisc 
iind  inspect,  under  I  lie  liciiei'al  direelion  of  the  eoiiiinissioner  of 
public  works,  the  conKtriietioii,  lighting  and  other  iiuprovenicnt 
of  the  })nblic  streets,  liigliways  and  places;  the  construction  re- 
(juired  in  connection  with  the  water  works,  sewers,  drains,  and 
all  other  public  improvements  and  work ;  the  construction,  altera- 
tion and  repair  of  municipal  buildings.  He  must  act  as  superin- 
tendent of  municipal  buildings,  under  such  regulations  as  may  be 
prescribed  by  ordinance  of  the  common  council,  except  buildings 
used  exclusively  by  the  department  of  public  safety  or  any  of  the 
bureaus  thereof.  lie  must  prepare  ordinances  for  public  im- 
provements and  work  as  directed  by  the  common  council,  and 
make  estimates,  plans  and  specifications  therefor ;  and  furnish 
the  necessary  statements,  descriptions  and  maps  for  the  use  of  the 
assessors,  and  perform  such  other  duties  as  may  be  prescribed 
by  ordinance  of  the  common  council. 

§  288.  Appointment  of  experts. — ^  The  city  engineer,  with  the 
written  consent  of  the  mayor,  may  employ  experts  in  important 
engineering  work,  at  a  compensation  fixed  by  the  board  of  esti- 
mate and  apportionment. 

§  289.  Application  of  article. —  The  provisions  of  this  article 
do  not  apply  to  the  department  of  parks,  department  of  public 
instruction,  or  Mount  Hope  commission ;  but  the  common  council 
may  by  ordinance  direct  the  city  engineer  to  perform  engineering 
services  for  them,  or  any  of  them. 

AETICLE  XL 
Department  of  Parks. 

Section  300.  Park  commission. 

301.  Powers  and  duties  of  park  commission. 

302.  Streets  and  roads  in  parks. 

303.  Power  to  order  work  and  purchase  sujiplics. 

304.  Power  to  lease. 

305.  Kailroads  and  telephone  lines  through  parks. 


Ill 

Section  300.  Park  commission. —  The  bead  of  the  department 
of  parks  is  the  park  commission,  consisting  of  the  commissioners 
of  parks,  and  it  must  annually  elect  one  of  its  members  president 
thereof,  and  may  adopt  rules  for  the  transaction  of  its  business. 

§    301.      Powers   and   duties   of   park   commission The   park 

commission  has  power  to  appoint  to  hold  office  during  its  pleasure 
a  superintendent  of  parks  and  such  other  subordinates  as  it  deems 
proper,  and  to  fix  their  compensation  and  regulate  their  duties. 
It  has  the  control,  care,  management  and  maintenance  of  all  the 
public  parks  and  public  squares  within  or  belonging  to  the  city 
and  of  the  roads  therein,  except  the  furnishing  of  police  protec- 
tion therefor ;  and  it  has  the  power  to  cause  the  public  parks  and 
squares  to  be  improved,  extended  and  repaired  and  to  cause  build- 
ings, structures,  lakes,  roads  and  other  works  to  be  erected  or 
constructed  therein,  and  to  maintain  and  keep  in  repair  all  build- 
ings, structures,  lakes,  roads  and  other  works  erected  or  constructed 
therein,  and  to  furnish  amusements  and  attractions  therein  j 
and  the  commission  and  the  superintendent  of  parks  each  has 
the  power  and  it  is  their  duty  to  cause  to  be  removed  all  trees  and 
shrubs  in  the  public  streets,  highways  and  places  of  the  city  which 
in  its  judgment  or  in  the  judgment  of  the  superintendent  of  parks 
are  or  are  likely  to  become  dangerous  or  detrimental  or  an  inter- 
ference with  or  hindrance  to  the  full  use  of  the  public  streets, 
highways  and  places,  and  to  cause  to  be  pruned  and  trimmed  all 
trees  and  shrubs  in  the  public  streets,  highways  and  places,  and 
to  cause  to  be  cut  off,  pruned  or  trimmed  all  limbs  and  branches 
extending  or  hanging  over  the  public  streets,  highways  and  places. 

§  302.  Streets  and  roads  in  parks. —  Streets  and  roads  within 
the  public  parks  are  not  public  highw^ays  or  streets.  Roads 
and  highways  within  lands  hereafter  aequired  for  park  purposes 
thereupon  cease  to  be  public  highways, 

§  S03.    Power  to  order  work  and  purchase  supplies. —  The  park 

commission  has  power  to  cause  work  to  be  done  and  to  purchase 

supplies  and  materials  necessary  in  the  performance  of  its  duties. 

When  the  cost  of  any  work  or  materials  and  supplies,  or  both, 
Chap.  755  8 


112 

exceeds  two  hundred  and  fifty  dollars,  a  written  contract  therefor 
in  the  nanie  of  the  city  mnst  be  entered  into,  signed  by  the  presi- 
dent of  the  park  connnission,  after  the  receipt  of  bids  therefor 
upon  notice  published  at  least  three  days  in  the  official  papers. 
The  power  conferred  by  this  section  is  subject  to  the  limitations 
provided  in  this  act  as  to  expenditures  of  money. 

§  304.  Power  to  lease. —  The  park  commission  has  power  to 
lease  any  building  or  structure  in  the  public  parks  for  a  term 
not  exceeding  three  years,  and  to  let  for  any  term  not  exceeding 
three  years  the  right  to  sell  refreshments,  provisions  or  other 
articles  within  the  public  parks  upon  such  terms  and  conditions 
as  it  may  prescribe ;  and  has  power  to  license  hacks  for  use  in  the 
public  parks  for  any  term  not  exceeding  three  years;  and  the 
proceeds  of  such  leases  and  licenses  must  be  deposited  with  the 
treasurer  and  placed  to  the  credit  of  the  department  of  parks  and 
may  be  used  in  addition  to  its  appropriation  for  the  year  in  which 
it  is  received. 

§  305.  Railroads  and  telephone  lines  through  parks. —  'No  rail- 
road must  be  laid  in,  upon,  over  or  through  the  public  parks  or 
squares  of  the  city,  except  that  a  street  surface  railway  for  the 
carriage  of  passengers  only  may  be  laid  therein  with  the  consent 
of  the  park  commission,  and  upon  such  terms  and  conditions  as  it 
may  prescribe.  'No  telegraph  or  telephone  line  and  no  poles  there- 
for may  be  erected  or  constructed  in,  over,  under  or  through  the 
public  parks  and  squares,  except  with  the .  consent  of  the  park 
commission  and  upon  such  terms  and  conditions  as  it  may  pre- 
scribe. 

AETICLE  XII. 

Departmeis't  of  Public  Safety. 

Section  31G.  Commissioner  of  public  safety. 

317.  Powers  and  duties  of  commissioner. 

318.  Appointment  of  probation  officers. 

319.  Powers  and  duties  of  secretary. 

320.  Police  bureau. 


113 

Soctiuii   321.  Powers  and  duties  of  chief  of  police. 

322.  Fire  bureau. 

323.  Powers  and  duties  of  chief  of  fire  force. 

324.  Eules  for  police  and  fire  force. 

325.  Police  and  fire  force  to  remain  as  now  constituted 

326.  Appointment  of  policemen  and  firemen. 
32Y.  Qualifications  of  policemen  and  firemen. 

328.  Tenure  of  office  of  policemen  and  firemen. 

329.  Compensation  for  loss  and  injury. 

330.  Charges  and  trials  of  policemen  and  firemen. 

331.  Exemption  from  military  and  jury  duty. 

332.  Powers  and  duties  of  policemen. 

333.  Service  of  process. 

334.  Political  activity  prohibited. 

335.  Police  pension  fund. 

336.  Fire  pension  fund. 

337.  Health  bureau. 

338.  Health  officer. 

339.  Appointment  of  experts. 

340.  Commissioner  has  powers  of  board  of  health. 

341.  Charges   and   trials  of  health  officer  and   subordi- 

nates. 

342.  Appeals  from  orders  of  health  officer. 

343.  Inspection  of  public  buildings. 

344.  Approval  of  plans  for  sewers  and  drains. 

345.  Health  districts. 

346.  City  physicians. 

347.  Actions  to  restrain  nuisances. 

348.  Duty  in  case  of  peril  to  public  health. 

349.  Public  health  law  applicable. 

350.  Bureau  of  buildings. 

351.  Powers  and  duties  of  fire  marshal. 

352.  Powers  may  be  delegated. 

Section    31G,      Commissioner    of   public    safety —  The  commis- 


1 1 1 

sioncr  of  public  safety  is  the  head  of  the  department  of  public 
safety,  and  he  may  appoint  to  hold  office  during  his  pleasure  a 
secretary,  a  fire  marshal,  and  such  other  subordinates  as  may  be 
prescribed  by  the  board  of  estimate  and  apportionment.  When- 
ever a  vacancy  occurs  in  the  office  of  chief  of  police,  chief  of  the 
fire  force,  or  health  officer,  the  commissioner  of  public  safety  may 
appoint  a  suitable  and  competent  person  to  fill  the  same.  The 
chief  of  police,  the  chief  of  the  fire  force  and  the  health  officer 
each  holds  office  during  good  behavior  or  until  permanently  in- 
capacitated or  unfit  to  discharge  the  duties  of  the  office. 

^  317.  Powers  and  duties  of  commissioner —  The  eomniissioncr 
of  public  safety  has  cognizance,  jurisdiction,  supervision  and  con- 
trol of  the  police  bureau,  fire  bureau,  health  bureau  and  bureau 
of  buildings,  and  of  the  officers  and  members  thereof,  and  pos- 
sesses and  must  exercise  fully  and  exclusively  all  powers  and 
perform  all  duties  pertaining  to  the  government,  maintenance  and 
direction  of  said  bureaus,  and  the  officers  and  members  thereof, 
the  apparatus  and  property  thereof,  and  the  buildings  furnished 
for  the  exclusive  use  thereof;  and  he  possesses  such  other 
powers  and  must  perform  such  other  duties  as  may  be  prescribed 
by  law  or  by  ordinance  of  the  common  council. 

§  318.  Appointment  of  probation  officers. —  The  commissioner 
may  appoint  to  hold  office  during  his  pleasure,  such  number  of 
probation  officers  as  may  be  prescribed  by  the  board  of  estimate 
and  apportionment,  which  number  may  include  one  or  more  female 
probation  officers,  if  so  provided  by  the  board,  and  they  possess 
the  powers  now  or  hereafter  conferred  by  law  upon  probation 
officers,  and  must  perform  such  duties  as  may  be  prescribed  by 
the  commissioner  or  otherwise  by  law. 

§  319.  Powers  and  duties  of  secretary. —  It .  is  the  duty  of 
the  secretary  to  attend  to  the  office  of  the  coimnissioner,  and  to 
keep  under  his  direction  all  the  records  and  jjapers  of  the  depart- 
ment, and  to  keep  a  record  of  all  the  official  acts  of  the  commis- 
sioner; and  he  has  power  to  administer  oaths  and  take  affidavits 
in  all  matters  and  proceedings  pertaining  to  the  department,  and 


115 

must  perform  sucli  other  duties  as  may  be  imposed  upon  him  by 
the  commissioner  or  by  ordinance  of  the  common  council. 

,  §  320.  Police  bureau. —  The  police  bureau  is  in  the  department 
of  public  safety,  and  the  chief  officer  thereof  is  the  chief  of 
police. 

§  321.  Powers  and  duties  of  chief  of  police. —  The  chief  of 
police,  under  the  direction  and  control  of  the  commissioner,  has 
the  supervision  and  management  of  the  police  force,  and  he  has 
the  power,  and  it  is  his  duty  to  see  that  all  rules  and  regulations 
of  the  commissioner  of  public  safety  relating  to  the  police  force  are 
enforced  and  carried  out;  to  commit  any  person  charged  with  a 
criminal  offense  until  an  examination  is  had  before  the  proper 
magistrate ;  to  administer  oaths  and  take  affidavits  in  respect  to  all 
matters  pertaining  to  his  official  duties  or  relating  to  the  police 
force;  and  to  perform  such  other  duties  as  may  be  prescribed 
by  law,  the  commissioner  of  public  safety,  or  by  ordinance  of  the 
common  council. 

§  322.  Pire  bureau. —  The  fire  bureau  is  in  the  department  of 
public  safety,  and  the  chief  officer  thereof  is  the  chief  of  the  fire 
force. 

§  323.  Powers  and  duties  of  chief  of  fire  force. —  The  chief 
of  the  fire  force,  under  the  direction  and  control  of  the  commis- 
sioner, has  the  supervision  and  management  of  the  fire  force,  and 
he  must  perform  such  duties  as  may  be  prescribed  by  law,  by  the 
commissioner  of  public  safety,  or  by  ordinance  of  the  common 
council. 

§  321.  Rules  for  police  and  fire  force. —  The  commissioner 
must  make  rules  and  regulations  not  inconsistent  wath  the  provi- 
sions of  this  act  and  other  laws  of  the  state,  or  the  ordinances  of 
the  common  council,  for  the  government,  direction,  management 
and  discipline  of  the  police  force  and  of  the  fire  force. 

§  325.  Police  and  fire  force  to  remain  as  now  constituted. —  The 
police  force  and  the  fire  force  shall  each  as  to  its  component  parts 
remain  as  now  constituted,  until  the  same  is  changed  by  ordinance 
of  the  common  council. 


jk; 

§  32G.  Appointment  of  policemen  and  firemen.—  The  commis- 
sioner has  authority  to  appoint,  as  vacancies  occur,  all  the  members 
of  the  police  and  fire  forces  and  at  all  times  to  classify  and  dis- 
tribute them  into  grades  to  conform  to  the  ordinances  of  the  com- 
mon council. 

§  327.  Qualifications  of  policemen  and  firemen. —  No  person 
may  be  appointed  to  membership  in  the  police  or  fire  force,  or 
continue  to  hold  membership  therein,  who  is  not  a  citizen  of  the 
United  States,  who  is  not  of  good  moral  character,  who  has  ever 
been  convicted  of  any  crime,  who  cannot  understandingly  read  and 
write  the  English  language,  or  who  has  not  resided  in  the  city 
during  two  years  next  preceding  his  appointment. 

§   32S.     Tenure   of  office  of  policemen  and  firemen All    the 

officers  and  members  of  the  police  and  fire  force  subject  to  the 
power  of  removal  herein  contained,  hold  their  respective  offices 
during  good  behavior,  or  imtil  by  age  or  disease  they  become 
permanently  incapacitated  to  discharge  their  duties. 

§  329.  Compensation  for  loss  and  injury. —  The  commissioner, 
when  authorized  by  ordinance  of  the  common  council,  may  com- 
pensate officers  and  members  of  the  police  and  fire  force  for  loss 
of  personal  property  and  for  medical  and  hospital  expenses  arising 
from  injuries  incurred  in  actual  performance  of  duty,  in  an 
amount  fixed  by  such  ordinance. 

§  330.  Charges  and  trials  of  policemen  and  firemen. —  If  a 
charge  be  made  by  any  person  against  any  officer  or  member  of  the 
police  or  fire  force,  that  he  has  been  guilty  of  neglect  of  duty, 
or  negligent  or  derelict  in  the  performance  thereof,  or  guilty  of 
misconduct  in  his  office,  or  that  he  is  incompetent  to  perform  the 
duties  thereof,  or  that  he  is  incapacitated  by  age  or  disease  or 
infirmity  to  properly  discharge  the  duties  thereof,  or  that  he  is 
guilty  of  some  delinquency  or  misconduct  showing  an  unfitness 
for  office,  or  that  he  has  violated  the  rules  of  the  commissioner  of 
public  safety,  the  charge  must  be  put  in  writing  in  the  form  re- 
quired by  the  rules  of  the  commissioner  of  public  safety,  and  a 
copy  thereof  must  be  served  upon  the  accused  person.     It  is  then 


117 

tho  duty  of  the  Goramissioner  to  hear,  try  and  determine  the  charge 
according  to  the  rules  made  by  him  in  relation  to  such  matters. 
The  accused  person  has  the  right  to  be  heard  in  person  and  by 
counsel,  and  to  give  and  furnish  evidence  in  his  defense.  All 
trials  are  open  to  the  public.  The  commissioner  has  power  to 
issue  subpoenas  under  his  name  and  official  title  to  compel  the 
attendance  of  witnesses  upon  any  hearing,  and  any  person  duly 
served  with  a  subpoena  is  bound  to  attend  in  obedience  to  the  com- 
mand thereof.  If  the  accused  person  is  found  guilty  of  the 
charge  against  him,  the-  commissioner  may  punish  him  by  repri- 
mand, by  forfeiture  of  pay  for  some  definite  time,  by  a  fine  not 
exceeding  fifty  dollars,  by  a  reduction  in  grade,  or  by  dismissal 
from  the  force,  or  may  subject  him  to  any  other  discipline  pre- 
scribed in  the  rules'  promulgated  by  the  commissioner  of  public 
safety.  The  commissioner  may  summarily  dismiss  from  the  force 
any  person  failing  or  neglecting  to  pay  within  the  time  or  times 
prescribed  by  the  commissioner,  a  fine  imposed  by  him.  The  de- 
cision of  the  commissioner  is  final  and  conclusive,  and  not  subject 
to  review, by  any  court. 

§  331.  Exemption  from  military  and  jury  duty. —  Ko  officer 
or  member  of  the  police  or  fire  force  is  liable  to  military  or  jury 
duty,  or  while  actually  on  duty  to  arrest  on  criminal  or  civil 
process. 

§  332.  Powers  and  duties  of  policemen. —  The  members  of  the 
police  force,  excepting  the  surgeons,  in  criminal  matters  have  all 
the  pow^ers  of  peace  officers  under  the  general  laws  of  the  state, 
and  they  also  have  the  power  and  it  is  their  duty  to  arrest  any  per- 
son found  by  them  violating  any  penal  ordinances  of  the  city  or 
laws  of  the  state,  and  to  take  such  person  before  the  police 
justice,  to  be  dealt  with  in  the  same  manner  as  if  such  per- 
son had  been  arrested  upon  a  warrant  theretofore  duly  issued 
by  such  magistrate.  It  is  their  duty  to  report  violations  of  law 
and  ordinances,  coming  to  their  knowledge  in  any  way,  under  regu- 
lations prescribed  by  the  commissioner  of  public  safety.  They  also 
have  in  every  part  of  the  state  in  criminal  matters  all  the  powers 


118 

of  constables;  and  any  warrant  for  search  or  arrest  issned  by  any 
magistrate  of  the  state  may  be  executed  by  them  in  any  part  of  the 
state,  according  to  the  tenor  thereof  without  endorsement. 

§  333.  Service  of  process.  —  All  ci'iiniii;!!  process  for  any  offense 
committed  within  the  city,  and  all  process  to  punish  violations 
of  penal  ordinances,  and  every  process,  subpoena  or  bench  warrant 
issued  by  the  district  attorney  of  the  county  of  Monroe  relating 
to  any  offense  within  the  city,  and  every  process,  subpoena  or  war- 
rant issued  by  any  coroner  of  Monroe  county  in  any  inquest  held 
in  the  city  relative  to  the  death  of  any  person,  may  be  sensed  by 
members  of  the  police  force. 

§  S?A.  Political  activity  prohibited. —  ]SFo  officer  or  member  of 
the  police  force  may  be  a  member  of  or  delegate  to  any  political 
convention,  or  be  present  at  such  convention  except  in  the  per- 
formance of  official  duty;  and  he  may  not  solicit  any  person  to 
vole  at  any  political  caucus,  primary  or  election,  for  any  candidate, 
or  challenge  any  voter  or  in  any  manner  attempt  to  influence  any 
voter  at  any  political  caucus,  primary  or  at  any  election,  or 
be  a  member  of  any  political  committee.  Any  person  violating 
the  provisions  of  this  section  forfeits  his  position,. and  it  is  the  duty 
of  the  commissioner  of  public  safety,  after  a  hearing  as  hereinbe- 
fore provided,  to  dismiss  him  from  the  force. 

§  335.  Police  pension  fund. —  1.  Pension  fund.  The  police 
pension  fund,  in  addition  to  the  moneys  therein  contained,  con- 
sists of: 

(a)  All  fines  imposed  upon  members  of  the  police  force  by 
the  commissioner  of  public  safety,  and  all  moneys,  pay,  compensa- 
tion or  salary,  or  any  part  thereof  forfeited,  deducted  or  withheld 
from  any  member  or  members  of  the  police  force  for  or  on  account 
of  absence  for  any  cause,  lost  or  sick  time,  sickness  or  disability, 
(b")  All  moneys  paid  for  special  services  of  policemen  at  balls, 
parties,  weddings,  excursions  or  picnics,  and  all  rewards  or  gifts 
paid  or  given  to  any  member  of  the  police  force  for  his  services; 
all  moneys  paid  to  policemen  as  witnesses  in  actions  in  the  line 
of  their  duties,  either  before  any  grand  jury  or  upon  trial  of  any 


119 

criminal  action ;  also  all  moneys  paid  for  tlie  service  of  policemen 
[■L  bringing  prisoners  from  other  places  to  the  city  of  Rochester  or 
taking  prisoners  from  the  city  of  Rochester  to  any  other  place. 

(c)  The  avails  of  all  lost  or  stolen  securities,  choses"  in  action, 
moneys,  things  or  other  property  which  remain  unclaimed  in  pos- 
session of  the  police  force  for  the  period  of  six  months  after  con- 
viction for  stealing  the  same,  together  with  the  avails  of  all 
unclaimed  or  confiscated  property  of  every  nature  whatsoever 
which  has  been  in  custody  of  the  police  force  for  such  period  of 
six  months;  and  all  cash,  money  or  property  left  as  security  or 
in  lieu  of  bail  for  appearances  in  police  court  and  forfeited, 
whether  deposited  with  the  county  treasurer  or  with  the  police 
justice  or  any  other  ofiicial.  ' 

(d)  All  fines  imposed  in  the  police  court  and  collected  for 
carrying  or  having  in  custody-  concealed  or  dangerous  weapons, 
and  for  violations  of  an  ordinance  of  the  common  council  entitled 
"An  ordinance  relating  to  public  safety  and  good  order  "  as  now 
or  hereafter  amended;  and  all  fines  imposed  in  the  police  court 
and  collected  for  non-registration  of  dogs. 

(e)  All  revenues  derived  from  licenses  for  use  of  triplet, 
billiard  and  pool  tables  or  any  other  similar  table  for  revenue, 
bowling  alleys  and  pawnbrokers,  junk  dealers  and  lunch  wagons 
and  five  dollars  from  each  huckster's  annual  license  fee,  and  all 
fines  and  penalties  imposed  and  collected  through  prosecutions 
connected  with  the  use  of  triplet,  billiard  and  pool  tables,  bowling 
alleys  and  lunch  wagons  and  through  prosecutions  relating  to 
pawnbrokers,  junk  dealers  and  hucksters. 

(f)  Such  sum  per  month  to  be  paid  by  each  member  of  the 

police  force  as  may  be  agreed  upon  by  the  members  thereof,  not 
less  than  two  per  centum  of  the  monthly  pay,  salary  or  compen- 
sation of  each  member  of  the  police  force;  such  sum  to  be  de- 
ducted by  the  city  treasurer  and  credited  to  the  pension  fund. 

(g)  The  sum  of  three  thousand  dollars,  which  must  be  provided 
for  in  the  annual  estimate  and  raised  in  the  annual  levy  of  taxes. 

(h)   One  and  one-half  per  centum  of  all  moneys  received  annu- 


120 

ally  by  the  city  from  liqivor  tax  receipts,  which  percentage  must 
'be  annually  deducted  therefrom  and  credited  to  the  police  pension 
'fund. 

2.  PiiKsions. 

(a)  The  commissioner  of  public  safety  has  power  in  his  dis- 
cretion, upon  the  certificnte  of  the  police  surgeon,  to  retire  and 
dismiss  from  membership  any  member  of  the  police  force  who 
after  fifteen  years'  and  less  than  twenty  years'  service  therein 
•becomes  superannuated  by  age,  permanently  insane  or  mentally 
incapacitated  or  disabled,  physically  or  mentally,  so  as  to  be  un- 
•fitted  or  unable  to  perform  full  police  duty  by  reason  of  such 
disability  or  disease  contracted  without  misconduct  on  his  part, 
and  to  thereupon  grant  him  a  pension  of  an  annual  sum  not  less 
than  two  hundred  and  fifty  dollars  and  not  exceeding  five  hundred 
dollars. 

(b)  The  commissioner  of  public  safety  has  power  in  his  dis- 
cretion to  retire  and  dismiss  from  membership  any  member  of  the 
police  force  who  has  performed  duty  therein  for  a  period  of 
twenty  years  or  upwards,  upon  the  application  in  writing  of  such 
member;  and  also  any  member  of  the  police  force  who  while  in 
and  by  reason  of  the  actual  performance  of  duty  and  without  fault 
or  misconduct  on  his  part  is  injured  and  becomes  permanently 
disabled,  physically  or  mentally,  so  as  to  be  unfitted  to  perform 
'full  police  duty,  upon  the  certificate  of  the  police  surgeon  show- 
ing that  such  member  is  permanently  disabled,  physically  or 
mentally,  so  as  to  be  unfit  for  dutj',  and  to  thereupon  grant  a 
pension  to  the  retired  member  in  either  of  the  above  cases  of  an 
•annual  sum  not  less  than  one-half  his  salary  or  compensation  at 
the  time  of  retirement ;  which  pension  is  for  the  natural  life  of  the 
•member  so  retired  and  must  not  be  revoked,  repealed  or  dimin- 
ished. -  ~ 

3.  Pensions  to  widows  and  children.—  The  commissioner  of 
'public  safety  has  power  in  his  discretion  to  grant  a  pension  to  the 
widow  of  a  member  who  is  killed  in  the  actual  performance  of 
'duty  or  dies  from  the  effect  of  an  injury  received  in  the  actual 


121 

performance  of  duty,  of  an  annual  sum  not  exceeding  one-half 
of  the  salary  or  compensation  of  the  deceased  member  and  not 
exceeding  five  hundred  dollars;  and  to  grant  a  pension  to  the 
widow  of  a  member  retired  upon  a  pension  after  twenty  years' 
service,  of  an  annual  sum  not  exceeding  one-half  of  the  salary  or 
compensation  of  the  deceased  member  at  the  time  of  his  retire- 
ment and  not  exceeding  five  hundred  dollars ;  and  to  grant  a  pen- 
sion to  the  widow  of  a  member  who  dies  after  fifteen  years'  ser- 
•vice  or  after  having  been  retired  upon  a  pension  after  fifteen 
years'  service,  of  an  annual  sum  not  exceeding  two  hundred  and 
»fifty  dollars.  If  in  addition  to  the  widow,  the  deceased  member 
leave  a  child  or  children  under  eighteen  years  of  age,  then  the 
amount  of  j^ension  may  be  divided  between  the  widow  and  chil- 
dren in  such  proportion  and  in  such  manner  as  the  commissioner 
of  public  safety  may  direct ;  and  if  the  deceased  member  leave  a 
•child  or  children  under  eighteen  years  of  age,  and  no  widow,  or 
tif  a  widow,  then  after  her  death,  the. commissioner  in  his  discre- 
tion may  grant  such  pension  to  the  child  or  children  under  eigh- 
teen years  of  age.  If  the  deceased  member  leave  no  widow  or 
child,  but  a  parent  or  parents  wholly  dependent  upon  him  for  sup- 
port, the  commissioner  in  his  discretion  may  grant  such  pension 
■to  the  parent  or  parents  or  to  the  survivor  of  them.  If  the  de- 
ceased member  leave  no  widow,  child  or  dependent  parent,  but  one 
or  more  brothers  and  sisters  wholly  dependent  upon  him,  under 
sixteen  years  of  age,  the  commissioner  in  his  discretion  may  grant 
such  pension  to  such  brothers  and  sisters,  to  be  apportioned  among 
them  as  the  commissioner  may  direct.  When  a  member  of  the 
police  force  who  has  been  retired  on  a  pension  thereafter  marries, 
his  widow  and  children  of  such  marriage  are  not  entitled  to  pen- 
sions under  this  act. 

4.  Computation  of  time  of  service. —  In  computing  the  time  of 
service  of  any  member  of  the  police  force  for  the  purposes  of 
granting  a  pension  to  him  or  liis  widow  or  children,  the  term  of 
service  of  such  member  on  any  regular  police  or  fire  force  of  the 
city  must  be  computed  and  taken  the  same  as  service  on  the  police 


122 

force  of  the  city,  and  it  is  not  necessary  that  such  service  has  been 
continuons. 

5.  Termination  of  pensions. — A  pension  to  a  widow  terminates 
when  the  widow  remarries,  and  a  f)ension  to  a  child  terminates 
when  the  child  arrives  at  the  age  of  eighteen  years  or  when  the 
child  marries  before  reaching  the  age  of  eighteen  years;  and  a 
pension  to  a  dependent  brother  or  sister  terminates  when  he  or 
she  reaches  the  age  of  sixteen  years. 

6.  Revocation  of  pensions. —  The  commissioner  of  public  safety 
may  in  his  discretion  revoke  any  pension  granted,  or  any  part 
thereof,  except  in  the  case  of  members  of  the  police  force  retired 
after  twenty  years'  service  or  because  of  injury  received  in  th-^ 
actual  performance  of  duty,  and  he  must  upon  revoking  any  pen- 
sion or  part  thereof  file  with  the  chief  of  police  a  ^^Titten  state- 
ment of  the  cause  of  such  revocation. 

7.  Pro  rata  payment. —  Should  the  moneys  in  the  police  pension 
fund  at  any  time  be  inadequate  to  fully  pay  all  pensions  granted 
and  payable  therefrom,  a  pro  rata  amount  of  the  respective  pen- 
sions granted  may  be  paid  to  the  pensioners. 

8.  Auditing  committee. —  An  auditing  committee  consisting  of 
three  members  must  be  elected  annually  on  the  first  Monday  of 
January  in  each  year  from  the  membership  of  the  police  force,  at 
a  meeting  thereof  called  for  that  purpose  by  the  chief  of  police. 
The  committee  must  audit  the  accounts  of  the  comptroller  and 
treasurer  relating  to  the  police  pension  fund,  and  must  report  the 
result  thereof  to  the  police  force  at  a  special  meeting  called  for 
that  purpose  by  the  chief  of  police  on  the  fourth  Monday  of  Janu 
ary  in  each  year. 

9.  False  oaths  punishable. — Every  person  who  knowingly  o- 
wilfully  in  any  wise  procures  the  making  or  presentation  of  any 
false  or  fraudulent  affidavit  or  affirmation  concerning  any  claim 
for  a  pension  from  the  police  pension  fund  or  payment  thereof, 
or  who  wilfully  swears  falsely  in  any  oath  or  affirmation  in  obtain- 
ing or  procuring  any  pension  from  said  fund  or  payment  thereof, 
is  guilty  of  a  felony. 


123 

10.  Pension  moneys  exempt  from  execution. —  The  moneys, 
securities  and  effects  of  the  police  pension  fund  and  all  pensions 
and  moneys  granted  and  payable  from  said  fund,  are  and  shall 
be  exempt  from  execution  and  from  all  process  and  proceedings 
to  recover  the  same  or  to  enjoin  or  stay  the  payment  of  the  same  by 
or  on  behalf  of  any  creditor  or  person  having  or  asserting  any 
claim,  debt  or  liability  against  any  pensioner  of  said  fund. 

§  33G.  Fire  pension  fund. — 

1.  Pension  fund. — The  fire  pension  fund,  in  addition  to  the 
moneys  therein  contained,  consists  of: 

(a)  All  fines  imposed  upon  members  of  the  fire  force  by  the 
commissioner  of  public  safety,  and  all  moneys^  pay,  compensatioji 
or  salary,  or  any  part  thereof,  forfeited,  deducted  or  withheld 
from  any  member  or  members  of  the  fire  force  for  or  on  account 
of  absence  or  suspension  from  duty. 

(b)  All  awards,  money,  fees,  gifts,  testimonials  and  emolu- 
ments that  may  be  paid  or  given  for  or  on  account  of  services  by 
the  fire  force  or  any  member  thereof. 

(c)  All  fees  received  for  licenses  of  theatres  and  public  places 
of  amusement. 

(d)  All  fines  or  penalties  imjDOsed  and  collected  for  violation  of 
ordinances  of  the  common  council  relating  to  the  management, 
conduct  and  control  of  or  interference  with  the  fire  force  of  the 
city,  and  also  relating  to  the  erection  and  construction  of  wooden 
buildings. 

(e)  Two  per  centum  of  the  monthly  pay,  salary  or  compensa- 
tion of  each  member  of  the  fire  force,  to  be  deducted  monthly 
and  credited  to  the  fire  pension  fund. 

(f)  The  sum  of  three  thousand  dollars,  which  must  be  pro- 
vided for  in  the  annual  estimate  and  raised  in  the  annual  levy 
of  taxes. 

(g)  Two  per  centum  of  all  moneys  received  annually  by  the 
city  from  the  liquor  tax  receipts,  which  percentage  must  be  annu- 
ally deducted  therefrom  and  credited  to  the  fire  pension  fund. 


124 

2.  Pensions. — 

(a)  The  commissioner  of  public  safety  has  jjowcr  in  his  discre- 
tion, npon  the  certificate  of  a  surgeon  designated  by  him,  to  retire 
and  dismiss  from  membership  any  member  of  the  paid  fire  force 
who  after  twenty  years'  membership  therein  becomes  superannu- 
ated by  age,  permanently  insane  or  mentally  incapacitated  or 
disabled,  physically  or  mentally,  so  as  to  be  unfitted  or  unable  to 
perform  full  fire  duty  by  reason  of  such  disability  or  disease  con- 
tracted without  misconduct  on  his  part,  and  to  thereupon  grant 
him  a  pension  of  an  annual  sum  not  less  than  one-half  his  salary 
or  compensation  at  the  time  of  retirement. 

(b)  The  commissioner  of  public  safety  has  power  in  his  discre- 
tion to  retire  and  dismiss  from  membership  any  member  of  the 
paid  fire  force  who  has  performed  duty  therein  for  a  period  of 
twenty  years  or  upwards,  either  as  a  paid  or  minute  man,  and  who 
has  attained  the  age  of  fifty  years,  upon  the  application  in  w-riting 
of  such  member;  and  also  any  member  of  the  paid  fire  force  wb") 
while  in  aiiil  by  reason  of  the  actual  performance  of  duty,  and 
without  fault  or  misconduct  on  his  part,  is  injured  and  becomes 
permanently  disabled,  physically  or  mentally,  so  as  to  be  unfitted 
to  perform  full  fire  duty,  upon  the  certificate  of  a  surgeon  desig- 
nated by  the  commissioner  of  public  safety  showing  that  such  mem- 
ber is  permanently  disabled,  physically  or  mentally,  so  as  to  bo 
unfit  for  duty;  and  to  thereupon  grant  a  pension  to  the  retired 
member  in  either  of  the  above  cases,  of  an  annual  sum  not  less 
than  one-half  his  salary  or  compensation  at  the  time  of  retirement ; 
which  pension  is  for  the  natural  life  of  the  member  so  retired  and 
must  not  be  revoked,  repealed  or  diminished. 

3.  Pensions  to  widows  and  children. —  The  commissioner  of 
public  safety  has  power  in  his  discretion  to  grant  a  jDcnsion  of  an 
annual  sum  not  exceeding  three  hundred  dollars  per  annum,  to  the 
widow  of  any  member  of  the  fire  force  who  is  killed  while  in 
the  actual  performance  of  duty  or  who  dies  from  the  effect  of  an 
injury  received  in  the  actual  performance  of  duty,  or  who  dies 
after  fifteen  years  of  service  in  the  fire  force  or  after  having  been 


125 

retired  upon  a  pension  nnder  this  act.  If  in  addition  to  the 
widow,  the  deceased  member  leave  a  child  or  children  under 
eighteen  years  of  age,  then  the  amount  of  pension  may  be  divided 
between  the  widow  and  children  in  such  proportion  and  in  such 
manner  as  the  commissioner  of  public  safety  may  direct;  and  if 
the  deceased  member  leave  a  child  or  children  under  eighteen 
years  of  age,  and  no  widow,  or  if  a  widow,  then  after  her  death,  the 
commissioner  in  his  discretion  may  grant  such  pension  to  the  child 
or  children  under  eighteen  years  of  age.  If  he  leave  no  widow 
or  child,  but  a  parent  or  parents  wholly  dependent  upon  him  for 
support,  the  commissioner  in  his  discretion  may  grant  such  pen- 
sion to  the  parent  or  parents  or  to  the  survivor  of  them.  If  he 
leave  no  widow,  child  or  dependent  parent,  but  one  or  more 
brothers  and  sisters  wholly  dependent  on  him,  under  sixteen  years 
of  age,  the  commissioner  in  his  discretion  may  grant  such  pension 
to  such  brothers  and  sisters,  to  be  apportioned  among  them  as  the 
commissioner  may  direct.  When  a  member  of  the  fire  force  who 
has  been  retired  on  a  pension  thereafter  marries,  his  widow  and 
children  of  such  marriage  are  not  entitled  to  pensions  under  this 
act. 

4.  Termination  of  pensions. — A  pension  to  a  widow  terminates 
when  the  widow  remarries;  and  a  pension  to  a  child  terminates 
when  the  child  arrives  at  the  age  of  eighteen  years  or  when  the 
child  marries  before  reaching  the  age  of  eighteen  years;  and  a 
pension  to  a  dependent  brother  or  sister  terminates  when  he  or  she 
reaches  the  age  of  sixteen  years. 

5.  Revocation  of  pensions. — The  commissioner  of  public  safety 
may  in  his  discretion  revoke  any  pension  granted  or  any  part 
thereof,  except  in  cases  of  members  of  the  fire  force  retired  after- 
twenty  years'  service  or  because  of  injury  received  in  the  actual 
performance  of  duty;  and  he  must  upon  revoking  any  pension  or 
part  thereof,  file  with  the  chief  of  the  fire  force  a  written  statement 
of  the  cause  of  such  revocation. 

C).  Pro  rata  payment. —  Should  the  moneys  in  the  fire  pension 
fund  at  any  time  be  inadequate  to  fully  pay  all  pensions  granted 


120 

and   payable   therefrom,    a   pro   rata   amount   of   the    respective 
pensions  granted  may  be  paid  to  the  pensioners, 

7.  Auditing  committee. — The  fire  force  must  elect  annually 
an  auditing  committee  of  three  members  who  may  be  chosen  from 
the  members  of  the  fire  force,  including  those  retired  upon  a 
j.ension,  and  from  the  members  of  the  Firemen's  mutual  benefit 
association.  The  committee  must  audit  the  accounts  of  the  comp- 
troller and  treasurer  relating  to  the  fire  pension  fund,  and  must 
report  the  result  thereof  to  the  fire  force. 

S.  False  oaths  punishable. — Any  person  who  knowingly  or 
wilfully  in  any  wise  procures  the  making  or  presentation  of  any 
false  or  fraudulent  affidavit  or  affirmation  concerning  any  claim 
for  a  pension  from  the  fire  pension  fund  or  payment  thereof,  or 
who  wilfully  swears  falsely  in  any  oath  or  affirmation  in  obtaining 
or  procuring  any  pension  from  said  fund  or  payment  thereof,  is 
guilty  of  a  felony. 

9.  Pensions  exempt  from  execution. — The  moneys,  securitie.5 
and  effects  of  the  fire  pension  fund  and  all  pensions  and  moneys 
granted  and  payable  from  said  fund  are  and  shall  be  exempt  from 
execution  and  from  all  process  and  proceedings  to  recover  the  same 
or  to  enjoin  or  stay  the  payment  of  the  same  by  or  on  behalf  of 
any  creditor  or  person  having  or  asserting  any  claim,  debt  or 
liability  against  any  pensioner  of  said  fund. 

§  337.  Health  bureau. — -  The  health  bureau  is  in  the  department 
of  public  safety,  and  the  chief  officer  thereof  is  the  health  officer, 
and  he  has  power,  with  the  approval  of  the  commissioner,  to 
appoint  to  hold  office  during  his  pleasure  a  deputy  and  such  other 
subordinates  as  may  be  prescribed  by  the  board  of  estimate  and 
apportionment. 

§  338.  Health  officer. —  The  health  officer,  under  the  direction 
and  control  of  the  commissioner,  has  the  supervision  and  man- 
agement of  the  health  bureau,  and  possesses  such  powers  and  muat 
perform  such  duties  as  are  prescribed  by  the  commissioner,  by 
ordinance  of  the  common  council,  by  this  act,  or  otherwise  by  law. 
No  person  is  eligible  to  the  office  of  health  officer  unless  he  is  a 


127 

physician  and  snrgcon  duly  authorized  to  practice  medicine  under 
the  laws  of  this  state  and  has  had  at  least  ten  years'  active  practice 
in  his  profession. 

§  330.  Appointment  of  experts, —  The  health  officer,  with  the 
written  consent  of  the  mayor,  may  with  the  approval  of  the  com- 
missioner, temporarily  employ  such  health  and  sanitary  experts  a? 
may  be  necessary,  at  a  compensation  fixed  by  the  board  of  estimate 
and  apportionment. 

§  3 10.  Commissioner  has  powers  of  board  of  health. —  The 
commissioner  of  public  safety  exercises  all  the  powers  and  ie 
tbargeil  with  all  the  duties  now  or  hereafter  conferred  upon  or 
required  of  local  boaids  of  health  by  the  laws  of  this  state,  so  far 
as  the  saiiio  pertain  to  cities,  with  the  exceptions,  limitations  and 
jidditions  herein  contained.  The  power  now  or  hereafter  coa- 
lerretl  by  the  laws  of  this  state  on  the  local  boards  of  health  to 
miike  and  publish  general  orders  and  regulations  for  the  preser- 
vation of  life  and  health  and  the  execution  of  the  public  health 
law,  must  not  be  exercised  by  the  commissioner,  but  is  vested  in 
the  common  council,  to  be  exercised  by  ordinances  adopted  and 
with  the  fine,  imprisonment  and  penalties  as  herein  provided. 
The  power  to  make  special  or  individual  orders  and  regulations 
for  the  suppression  of  nuisances  and  concerning  other  matters 
detrimental  to  public  health,  not  of  general  application,  now  or 
hereafter  conferred  upon  local  boards  of  health,  may  be  exercised 
by  the  commissioner  of  public  safety  in  the  manner  now  or  here- 
after provided  by  law. 

§  3il.  Charges  and  trials  of  health  officer  and  subordinates. — 
If  a  charge  is  made  by  any  person  .against  the  health  officer  or 
any  of  his  subordinates  that  he  has  been  guilty  of  neglect  of  dutv 
or  negligent  or  derelict  in  the  performance  thereof,  or  guilty  oJ 
misconduct  in  his  office,  or  that  he  is  incompetent  to  perform  the 
duties  thereof,  or  that  he  is  incapacitated  by  age  or  disease  or 
infirmity  to  properly  discharge  the  duties  thereof,  or  that  he  is 
guilty  of  some  delinquency  or  misconduct  showing  unfitness  for 
Chap.  755  9 


128 

the  office,  and  if  in  the  case  of  a  subordinate,  the  health  officer 
after  such  charges  are  made  refuse  to  discharge  him,  the  commis- 
sioner must  then  hear,  try  and  determine  the  charge.  The  charges 
must  be  served,  the  hearing  had,  and  the  commissioner  may  punish 
as  is  provided  herein  for  charges  and  trials  of  members  of  the 
police  and  fire  force.  The  decision  of  the  commissioner  is  fiti.il 
and  conclusive  and  not  subject  to  review  by  any  court. 

§  342.     Appeals  from  orders  of  health  officer. —  Any  person  ag- 
grieved by  an  order,  decision  or  direction  of  the  health  officer  ma;y 
appeal  therefrom  to  the  commissioner  by  serving  on  the  health 
officer  a  written  notice  of  appeal  within  two  days,  Sundays  and 
legal  holidays  excepted,  after  he  has  received  notice  of  the  order, 
decision  or  direction  appealed  from,  or  within  snch  further  time 
as  may  be  allowed  by  the  commissioner.     Within  two  days  aiu-c 
receiving  such  notice  of  appeal,  Sundays  and  legal  holidays  ex- 
cepted, the  health  officer  mnst  make  a  written  return  to  the  com- 
missioner of  facts. and  evidence  on  which  such  order,  decision  or 
direction  is  founded.     The  commissioner  may  suspend  the  order, 
decision  or  direction  appealed  from  until  the  decision  of  the  ap- 
peal.    Upon  receipt  of  such  return,  or  if  no  return  be  made  within 
the  time  specified,  the  commissioner  must  forthwith  proceed  to 
hear  and  determine  the  matter  upon  the  return,  or,  in  his  di-scre- 
tion,  upon  additional  evidence  taken  by  him;  and  he  may  affirm, 
reverse  or  modify  the  order,  decision  or  direction  appealed  from. 
§  343.    Inspection  of  public  buildings. —  The  health  officer  has 
authority  and  it  is  his  duty  to  make  inspection,  and  to  advise  as  to 
the  proper  heating,  ventilation  and  drainage  of  public  buildings 
under  the  control  of  the  city,  or  any  of  its  departments,  boards  or 
officers ;  and  in  case  any  such  building  is  in  use  or  in  process  of 
erection^  without  in  the  opinion  of  the  health  officer,  proper  ar- 
i-angements  for  heating,  ventilation  or  drainage,  he  has  power, 
subject  to  the  right  of  appeal  herein  provided,  to  stop  the  use  or 
the  erection  of  such  building,  to  direct  such  arrangements  to  be 
made,  and  to  restrain  further  work  upon  the  building  until  they 
are  made. 


129 

§  344.  Approval  of  plans  for  sewers  and  drains.—  All  plans  for 
sewers  and  drains  must  be  submitted  to  tbe  Health  officer  for 
his  approval  before  contracts  are  let  for  the  construction  of  the 
same,  and  in  case  he  disapproves  the  same,  such  sewers  and  drains 
must  not  be  constructed  unless  on  appeal  to  the  commissioner  he 
approves  the  same.  The  health  officer  has  power  subject  to  the 
right  of  appeal  herein  provided,  to  stop  the  construction  or  use 
of  drains  and  sewers  which  are  not  properly  constructed  or  properly 
used,  or  which  are  not  in  accordance  with  the  plans  previously 
approved  and  adopted. 

§  345.  Health  districts. —  The  commissioner  must  divide  the 
city  into  not  more  than  twelve  districts,  to  be  known  as  "health 
districts,"  and  may  alter  the  same  from  time  to  time ;  and  he 
must  file  with  the  city  clerk  a  written  designation  of  such  districts 
and  of  any  alteration  thereof. 

§  346.  City  physicians. —  The  commissioner  has  power  to  ap- 
point to  hold  office  during  his  pleasure,  a  city  physician  for  each 
of  the  health  districts,  and  they  must  perform  such  duties  as  the 
commissioner  may  direct  or  prescribe.  The  deputy  health  officer 
£nd  city  physicians  must  render  medical  assistance  to  indigent 
sick  persons  under  the  direction  of  the  health  officer  and  of  the 
commissioner  of  charities.  This  section  does  not  apply  to  alms- 
houses, hospitals  or  other  public  institutions  which  are  provided 
with  a  regularly  appointed  medical  and  surgical  staff. 

§  34Y.  Actions  to  restrain  nuisances. —  Actions  may  be  main- 
tained by  the  city  in  courts  of  competent  jurisdiction  to  restrain 
the  threatened  performance  of  any  act  contrary  to  orders,  directions 
or  decisions  of  the  commissioner  of  public  safety,  and  to  restrain 
and  abate  nuisances. 

§   348.     Duty  in  case  of  peril  to  public  health In  case  of 

great  and  imminent  peril  to  the  public  health  of  the  city  by  reason 
of  impending  pestilence,  it  is  the  duty  of  the  commissioner  with 
the  sanction  of  the  common  council  if  it  be  practicable  to  convene 
that  body  for  prompt  action,  or  if  not,  when  approved  by  the 
board  of  estimate  and  apportionment,  to  take  such  measures  and 


130 

do,  order  or  cause  to  be  done  such  acts,  and  to  make  such  .extra- 
ordinary expenditures  in  excess  of  the  sum  appropriated  to  the 
bureau  of  health  for  the  preservation  and  protection  of  the  public 
health  as  he  may  deem  necessary  and  proper.  Such  peril  to  pub- 
lic health  is  deemed  to  exist  only  when  and  for  such  period  as  the 
commissioner  and  the  board  of  estimate  and  apportionment  by 
unanimous  vote  determine. 

§  349.  Public  health  law  applicable. —  The  public  health 
law,  'as  now  or  hereafter  existing,  so  far  as  it  pertains  to  cities, 
is  applicable  to  the  city  of  Rochester  except  as  herein  expressly 
modified. 

§  350.  Bureau  of  buildings. —  The  bureau  of  buildings  is  in  the 
department  of  public  safety,  and  the  chief  ofiicer  thereof  is  the 
fire  marshal,  and  he  has  power,  with  the  approval  of  the  commis- 
sioner, to  appoint  to  hold  office  during  his  pleasure  such  sub- 
ordinates as  may  be  prescribed  by  the  board  of  estimate  and 
apportionment. 

§  351.  Powers  and  duties  of  fire  marshal. —  The  fire  marshal, 
under  the  direction  and  control  of  the  commissioner,  has  the 
govermnent  and  management  of  the  bureau  of  buildings,  and  has 
power  to  enter  into  and  examine  all  dwellings,  house?,  buildings, 
tenements  and  factories  of  every  description,  and  all  lots,  yards 
and  enclosures ;  and  it  is  his  duty  to  see  that  the  laws  of  the  state 
and  ordinances  of  the  common  council  in  relation  thereto  are 
complied  with,  and  to  prevent  the  construction,  erection  and  altera- 
tion of  structures  and  buildings  which  are  being  constructed, 
erected  or  altered  contrary  to  law  or  ordinance ;  and  he  must  per- 
form such  other  duties  as  may  be  imposed  upon  him  by  the  com- 
missioner, or  by  ordinance  of  the  common  council,  or  by  law. 

§  352.  Powers  may  be  delegated. —  The  commissioner  of  public 
safety  may,  from  time  to  time,  delegate  the  power  of  entry  and 
examination  conferred  upon  the  fire  marshal  by  the  preceding 
section,  to  any  officer  or  member  of  the  police  or  fire  force,  and 
all  subordinates  of  the  fire  marshal  possess  such  jx)wer  of  entry 
and  examination. 


131 


AKTICLE  XIII. 

Depaktmext  of  Ciiaeities. 

Section  363.  Commissioner  of  charities. 

364.  Powers  and  duties  of  commissioner. 

365.  Certificates  to  maintain  sick  persons  at  institutions. 

366.  Powers  and  duties  of  overseer  of  the  poor. 

367.  Power  to  administer  oath. 

368.  City  the  o^\^ler  of  supplies. 

369.  Children  not  to  be  bound  except  by  order  of  court 
-   or  magistrate. 

370.  Liability  of  city  limited. 

Section  363.  Commissioner  of  charities. —  The  commissioner  of 
charities  is  the  head  of  the  department  of  charities,  and  may  ap- 
point to  hold  office  during  his  pleasure,  a  deputy,  an  overseer  of  the 
poor,  and  such  other  subordinates  as  may  l)e  prescribed  by  the 
board  of  estimate  and  apportionment. 

§  364.  Powers  and  duties  of  commissioner. —  The  commissioner 
has  the  supervision  of  the  expenditures  of  the  money  of  the  city 
for  the  support  or  relief  of  the  poor,  and  he  must  make  regula- 
tions for  such  expenditures.  He  must  furnish  to  the  mayor  a 
daily  report  of  the  aid  and  relief  gTanted  by  him,  with  the  names 
and  addresses  of  all  recipients ;  and  he  has  such  other  powers  and 
duties  not  inconsistent  with  the  provisions  of  this  act  or  the  other 
laws  of  the  state,  as  may  be  prescribed  by  the  ordinances  of  the 
common  council. 

§  365.  Certificates  to  maintain  sick  persons  at  institutions. — 
ISTo  sick  person,  except  one  having  or  suspected  of  having  a  con- 
tagious disease,  may  be  maintained  at  any  institution  at  the  ex- 
pense of  the  city,  unless  the  commissioner  certifies  that  such  per- 
son is  an  indigent  person  and  is  a  proper  city  charge. 

§  366.  Powers  and  duties  of  overseer  of  the  poor. —  The  over- 
seer of  the  poor  may,  with  the  approval  of  the  commissioner, 
appoint  to  hold  office  during  his  pleasure  such  subordinates  as 


132 

may  be  prescribed  by  the  board  of  estimate  and  apportionment,  and 
possesses,  subject  to  the  regulations  and  supervision  of  the  com- 
missioner, all  the  powers  and  authority  of  overseers  of  the  poor 
in  the  several  towns  of  the  county  of  Monroe,  and  is  subject  to  the 
same  duties,  obligations  and  liabilities. 

§  3G7.  Power  to  administer  oath. —  The  commissioner,  the 
deputy,  the  overseer  of  the  poor  and  all  subordinates  appointed  by 
the  commissioner  and  overseer  of  the  poor,  have  the  power  to 
examine  under  oath  any  person  applying  for  relief. 

§  368,  City  the  owner  of  supplies. —  The  city  continues  to  be 
the  owner  of  all  articles  or  supplies  furnished  to  any  poor  person 
or  applicant  until  the  same  are  consumed.  If  any  person  to  whom 
the  same  are  furnished,  sells  or  exchanges  the  same  for  money  or 
intoxicating  liquor,  or  in  any  way  disposes  of  the  same  other  than 
in  the  manner  directed,  he  is  guilty  of  a  misdemeanor. 

§  3G9.  Children  not  to  be  bound  except  by  order  of  court  or 
magistrate —  ISTo  child  in  the  city  of  Rochester  under  sixteen  years 
of  age  may  be  bound  out  by  the  commissioner  of  charities,  or  the 
overseer  of  the  poor  of  the  city,  or  any  corporation  authorized  by 
law  to  bind  out  children,  except  upon  order  of  some  court  or 
magistrate  of  competent  jurisdiction. 

§  370.  liability  of  city  limited. —  IsTothing  in  this  act  contained 
shall  be  construed  to  make  the  city  liable  for  the  support  or 
relief  of  any  poor  person,  when  it  is  not  otherwise  so  liable. 

ARTICLE  XIV. 
Department  of  Public  Insteuction. 

Section  381.  Board  of  education. 

382.  General  duties. 

383.  Specific  duties. 

384.  Power  to  fix  salaries. 

385.  Annual  report  to  state  superintendent. 

386.  Publication  of  proceedings. 

387.  Annual  report  to  common  council. 


Section  388.   Board  to  estimate  the  number  of  pupils  enrolled. 
C89.   Contracts  for  work  and  supplies. 

390.  Emergency  repairs. 

391.  Contracts   for  construction   of   school   buildings  ex- 

ceeding one  year. 

392.  Custody  of  libD-aries. 

393.  Duties  of  secretary. 

394.  Qualifications  of  superintendent. 

395.  Pat\-ers  and  duties  of  superintendent. 

396.  Powers   of  principals. 

397.  Duties  of  supervising  architect. 

398.  Qualifications  of  examiner. 

399.  Board  of  examiners. 

400.  Qualifications  of  principals  and  teachers. 

401.  Permanent  appointment  of  principals  and  teachers. 

402.  Suspension  and  removal  of  ofiicers  and  employees. 

403.  Common  council  ma}'  direct  sale  of  school  property. 

404.  Public  schools  free. 

405.  Teachers'  retirement  fund. 

Section  381.  Board  of  education. —  The  head  of  the  department 
of  public  instruction  is  the  board  of  education,  composed  of  the 
commissioners  of  schools.  The  board  must  meet  on  the  first  Monday 
of  each  and  every  month  and  at  such  other  times  as  it  may  appoint, 
and  must  at  its  first  regular  meeting  in  January  of  each  year 
elect  one  of  its  members  president.  Special  meetings  may  be 
called  by  the  secretary  upon  order  of  the  president  or  on  request 
of  a  majority  of  the  board. 

§  382.  General  duties.^ —  The  board  establishes,  controls,  main- 
tains and  provides  for  the  public  schools,  the  public  school  system, 
and  the  general  educational  interests  of  the  city,  and  manage* 
and  controls  the  property,  real  and  personal,  which  belongs  to  the 
city  and  is  used  for  the  purposes  of  education,  subject  only  to 
the  general  statutes  of  the  state  relating  to  public  schools  and 
public  school  instruction  and  to  th«  provisions  of  this  act. 

§383.    Specific  duties. —  The  board  has  power: 


i:51 

1.  Establishment  of  scliools. —  To  establish,  control  and  main- 
tain kindergartens,  common  schools,  high  schools,  manual  train- 
ing and  industrial  schools,  evening  schools,  including  provision  for 
special  studies  and  social  improvement,  vacation  schools,  train- 
ing schools  for  teachers,  and  truant  schools;  to  discontinue  or 
consolidate  schools;  and  to  supervise,  maintain  and  equip  play- 
grounds established  by  the  common  council. 

2.  Changing  grades  and  courses  of  study.—  To  change  the 
grades  of  any  or  all  schools,  and  to  adopt  and  modify  courses  of 
study  therefor. 

3.  Fixing  qualifications  of  teachers.- —  To  license  teachers  for 
the  schools  of  the  city,  and  to  fix  a  standard  of  qualification  as  a 
necessary  requirement  for  the  service  of  all  principals  and  teach- 
ers in  the  schools  of  the  city,  which  requirement  may  be  higher 
but  not  lower  than  the  minimum  qualifications  required  by  the 
laws  of  the  state  and  the  provisions  of  this  act. 

4.  Purchase  of  school  property  and  supplies. —  As  herein  pro- 
vided, to  purchase,  lease  or  improve  sites  for  school  houses ;  to 
build,  purchase,  lease,  enlarge,  improve,  alter  and  repair  school 
houses  and  appurtenances;  to  purchase,  improve,  exchange  and 
repair  schools,  apparatus,  books,  furniture  and  appendages;  and 
in.  general  to  provide  for  all  the  requirements  of  the  schools  under 
its  control. 

5.  Appointment  of  ofiicers  and  employees. —  To  appoint  as 
herein  provided : 

(a)  A  secretary  of  the  board  to  serve  during  its  pleasure. 

(b)  A  superintendent  of  public  schools,  whose  term  of  ofiice  is 
four  years. 

(c)  Two  examiners  to  serve  during  the  pleasure  of  the  board. 

(d)  A  supervising  architect  of  experience  and  good  standing 
in  his  profession,  to  serve  during  the  pleasure  of  the  board. 

(e)  All  school  principals  and  teachers. 

(f)  All  janitors  and  truant  officers,  sul)jcct,  however,  to  the 
restrictions  imposed  by  the  general  laws  of  the  state. 


135 

(g)  Such  other  officers  and  employees  as  it  may  deem  necessary 
for  the  proper  discharge  of  its  administrative  duties. 

6.  Vacancies. —  To  fill  for  the  unexpired  term  any  vacancies 
which  may  occur  in  the  offices  or  positions  in  this  section  provided 
for. 

7.  ISTon-resident  pupils. —  To  allow  the  children  of  persons  not 
residents  of  the  city  to  attend  the  schools  under  the  care  and  con- 
trol of  the  board,  upon  the  payment  of  such  tuition  and  upon  such 
terms  as  the  board  may  by  resolution  prescribe.  Permission  may 
be  granted  by  resolution  of  the  board  to  attend  public  school  num- 
ber one  without  payment  of  tuition,  to  children  residing  in  what 
is  known  as  school  district  number  two  of  the  town  of  Brighton, 
upon  lands  heretofore  charged  with  any  portion  of  the  cost  of 
the  construction  of  the  school  building  now  occupied  and  used  by 
the  city  of  Rochester,  and  known  as  school  number  one,  within  the 
following  described  limits :  Commencing  at  the  southeast  coraer 
of  the  limits  of  the  city  of  Rochester,  and  thence  southerly  on  a 
straight  line  continued  on  the  easterly  line  of  the  city,  to  the 
southerly  boundary  of  said  district  number  two ;  thence  westerly 
along  the  south  line  of  said  district  to  the  boundary  of  the  city. 

8.  Adoption  of  rules. —  To  adopt  rules  and  regulations  for  the 
proper  transaction  of  its  business ;  for  defining  the  duties  of  its 
officers  and  employees,  and  for  the  proper  execution  of  all  power? 
vested  in  and  duties  imposed  upon  it  by  law.         ^ 

§  384.  Power  to  fix  salaries. —  The  board  of  education  may 
fix  within  the  proper  appropriation  of  money  therefor,  the  salaries 
and  compensation  of  all  officers  and  employees  appointed  by  it 

§  385.  Annual  report  to  state  superintendent. —  The  board 
must  between  the  first  day  of  August  and  the  thirtieth  day  of  Sep- 
tember of  each  year,  transmit  to  the  state  superintendent  of  public 
instruction,  a  report  in  writing  for  the  state  school  year  ending 
on  the  next  preceding  thirty-first  day  of  July,  in  such  form  and 
stating  such  facts  as  the  state  sii])erintcnd('ut  and  school  laws  of 
the  state  may  require. 

§  386.   Publication  of  proceedings. —  It  is  the  duty  of  the  board 


>  136 

to  cause  to  be  published  in  one  of  the  official  papers  a  report  of  the 
final  proceedings  of  each  meeting  of  the  board. 

§  387.  Annual  report  to  the  common  council. —  It  is  the  duty  of 
the  board  to  prepare  and  transmit  to  the  common  council  within 
ten  days  preceding  the  close  of  the  fiscal  year,  correct  statements 
of  the  receipts  and  disbursements  of  money  during  such  fiscal 
year,  in  which  account  must  be  stated  under  appropriate  heads : 

1.  The  moneys  raised  by  the  common  council  under  the  pro- 
visions of  this  act. 

2.  The  school  moneys  received  by  the  city  treasurer  from  the 
county  treasurer  or  the  state. 

3.  All  other  moneys  received  by  the  city  treasurer,  subject  to 
the  order  of  the  board,  specifying  the  same  and  the  sources  thereof. 

4.  The  manner  in  which  such  sums  of  money  have  been  ex- 
pended, specifying  the  amount  paid  under  each  head  of  expendi- 
ture, and  whether  any  part  of  any  such  fund  remains  unexpended. 

5.  Whether  any  and  what  claims  or  bills  against  the  depart- 
ment, or  obligations  incurred  by  said  department,  remain  un- 
paid. 

6.  A  full  account  of  the  condition  of  the  teachers'  retirement 
fund,  its  amount,  the  manner  of  its  investment,  and  all  receipts 
and  disbursements  on  account  of  said  fund  during  the  year. 

§  388.  Board  to  estimate  the  number  of  pupils  enrolled. —  The 
board  must,  oik  or  before  the  fifteenth  day  of  January  in  each  year, 
report  to  the  board  of  estimate  and  apportionment  the  total  num- 
ber of  persons  registered  as  pupils  in  the  public  schools  of  the  city 
during  the  preceding  year. 

§  389.  Contracts  for  work  and  supplies. —  "Whenever  the  board 
intends  to  cause  any  work  to  be  performed  or  to  purchase  any 
supplies  at  an  estimated  expense  of  not  less  than  fifty  or  more 
than  two  hundred  and  fifty  dollars,  it  is  the  duty  of  the  officials 
having  jurisdiction  thereof  to  procure  estimates  of  such  work 
or  supplies  from  two  or  more  competitors,  whenever  practicable, 
and  report  such  estimate  to  the  board  for  its  consideration  and 
action.  Whenever    the  estimated  expense  of  such  work  or  supplies 


13Y 

exceeds  two  hundred  and  fifty  dollars,  the  hoard  must  proceed  as 
follows : 

(a)  A  resolution  providing  for  the  doing  of  the  work,  or  the 
purchasing  of  supplies,  must  be  entered  by  the  clerk  in  full  in 
the  minutes  of  the  board.  Bids  must  be  called  for  by  publication 
in  the  official  papers  at  least  twice  in  each  week  for  two  weeks. 

(b)  Bids  duly  sealed  must  be  filed  with  the  clerk  by  twelve 
o'clock  noon  of  the  last  day,  as  stated  in  the  advertisement. 

(c)  Bids  must  be  opened  at  the  next  meeting  of  the  board  and 
publicly   read   by  the  clerk. 

(d)  Each  bid,  if  it  relates  to  both  labor  and  materials,  must 
state  each  separately,  with  the  price  thereof,  and  must  contain 
the  name  of  every  person,  firm  or  corporation  interested  in  the 
same ;  and  must  be  accompanied  by  a  sufficient  guarantee  of  some 
disinterested  person  that  if  the  bid  is  accepted  a  contract  will 
be  entered  into  and  the  performance  of  it  properly  secured  by 
bonds  duly  approved. 

(e)  The  board  may,  in  its  discretion,  accept  any  bid  which  is 
most  advantageous  to  the  city  and  thereupon  cause  a  contract 
therefor  to  be  executed  in  the  name  of  the  city  by  the  president 
of  the  board;  or  it  may  reject  any  or  all  bids,  as  the  interests 
of  the  city  require. 

§  390.  Emergency  repairs. —  In  case  of  emergency  requiring 
the  closing  of  a  school  building  unless  immediate  repairs  thereto 
are  made,  the  board  may  cause  repairs  thereto  to  be  made  without 
a  contract  therefor,  or  may  let  a  contract  therefor  without  ad- 
vertising and  receiving  bids,  upon  filing  with  the  comptroller  a 
certificate  approved  by  the  mayor  showing  such  emergency  and 
ihe  necessity  of  repairs. 

§  301.  Contracts  for  construction  of  school  buildings  exceed- 
ing one  year. —  The  board  may  let  contracts  for  the  construction 
of  school  buildings  in  which  it  is  agi'eed  that  the  contract  price 
is  payable  from  the  moneys  appropriated  for  the  department  of 
public  instruction  or  otherwise  lawfully  added  thereto  for  the 
fiscal  year  in  which  the  contracts  are  let  and  for  the  fiscal  year 


138 

following,  provided  that  the  total  amount  contracted  to  be  paid 
from  the  moneys  for  the  fiscal  year  following  the  letting  of  con- 
tracts must  not  exceed  one  hundred  thousand  dollars. 

§  392.  Custody  of  libraries. —  The  hoard  is  the  trustee  of  the 
school  library  or  libraries  ♦in  the  city,  and  all  the  provisions  of 
the  law  now  or  hereafter  passed  relative  to  public  school  libraries 
apply  to  the  board.  It  is  vested  with  the  same  discretion  as  to  the 
disposition  of  all  moneys  appropriated  by  any  law  of  the  state 
for  the  purchase  of  libraries  which  is  therein  conferred  upon  the 
inhabitants  of  the  school  districts.  It  is  the  duty  of  the  board  to 
provide  for  the  safekeeping  of  the  library  or  libraries. 

§  393.  Duties  of  secretary. —  The  secretary  has  charge  of  the 
rooms,  books,  papers  and  documents  of  the  board,  except  such 
as  pertain  to  the  office  and  duties  of  the  superintendent.  He 
must  perform  such  duties  as  may  be  required  of  him  by  the  board, 
its  committees  or  members.  He  has  the  right  to  administer  oaths 
and  take  acknowledgments,  but  without  fee.  He  is  the  clerk  of 
the  board,  and  must  keep  or  cause  to  be  kept  a  record  of  the  pro- 
ceedings thereof.  He  must  also  keep  or  cause  to  be  kept  a  set  of 
records,  showing  the  receipts  and  expenditures  of  the  board.  Said 
expenditures  must  be  subdivided  so  as  to  show  the  cost  of  main- 
taining each  school  sej^arately  and  the  supplies  used  therein.  He 
must  also  keep  or  cause  to  be  kept  a  series  of  receipts,  to  be  signed 
by  either  the  principals  or  janitors,  certifying  to  all  repairs  and 
improvements  made  and  all  supplies  received  for  the  respective 
school  buildings  and  premises.  The  printed  record  of  the 
board,  or  a  transcript  thereof,  certified  by  the  president,  or 
secretary,  is  presumptive  evidence  of  all  the  facts  therein  set 
forth,  and  such  records,  and  all  the  books,  accounts,  vouchers 
and  papers  of  the  board  must  at  all  times  be  subject  to  the  in- 
spection of  the  common  council  and  of  any  committee  thereof. 

§  394.  Qualifications  of  superintendent. —  Xo  person  is  eligible 
to  be  appointed  as  superintendent,  unless  he  is  a  graduate  of  a 
college  or  university  recognized  by  the  regents  of  the  state  of 


139 

ISTew  York,  and  has  had  at  least  ten  years'  successful  experience 
as  a  practical  educator. 

§  395,  Powers  and  duties  of  superintendent. —  The  superintend- 
ent has  power,  and  it  is  his  duty  to  enforce  the  laws  of  the  state 
applicable  to  the  public  schools  of  the  city  and  all  the  rules  and 
regulations  of  the  board,  except  as  herein  provided.  He  must 
visit  the  schools  of  the  city  as  often  as  he  can  consistently  with 
his  other  duties,  and  inquire  into  the  character  of  the  instruction, 
management  and  discipline,  and  advise  and  encourage  the  officers, 
teachers  and  pupils  thereof.  He  must  prescribe,  subject  to  the 
rules  of  the  board  and  the  provisions  herein,  suitable  registers, 
blanks,  forms  and  regulations  for  making  all  reports  and  for 
conducting  all  necessary  business  connected  with  the  school  sys- 
tem, and  he  must  cause  the  same,  with  such  information  and  in- 
structions as  he  deems  conducive  to  the  proper  organization  and 
government  of  the  schools  to  be  transmitted  to  the  persons  entrusted 
with  the  execution  of  the  same.  He  must  report  to  the  board 
from  time  to  time,  as  he  may  be  required  or  deem  necessary,  a 
statement  of  the  condition  of  the  schools  and  all  such  matters 
relating  to  his  office,  and  such  plans  and  suggestions  for  the  im- 
provement of  the  schools  and  for  the  advancement  of  public  in- 
struction in  the  city,  as  he  may  deem  expedient.  He  must  recom- 
mend the  number  of  teachers  necessary  for  each  of  the  several 
schools.  He  may,  whenever  occasion  requires,  and  unless  other- 
wise directed  by  the  board,  appoint  supply  teachers  and  assign 
them  to  duty,  and  he  may  temporarily  transfer  principals,  teachers 
and  pupils  from  one  school  to  another.  It  is  his  duty  to  main- 
tain proper  discipline  in  the  management  and  conduct  of  the 
schools,  and  he  may  in  his  discretion  suspend  or  expel  any  pupil 
guilty  of  misconduct  or  insubordination,  and  may  suspend  for 
cause  any  teacher,  principal  or  employee.  He  must  immediately 
report  such  suspension  to  the  board.  It  is  his  duty  to  report  to 
the  board  inefficiency  on  the  part  of  principals,  teachers  and  em- 
ployees.    He  must  nominate  an  assistant  superintendent,  special 


140 

teachers  and  supervisors.     He  must  enforce  the  compulsory  edu- 
cation law  and  direct  truant  officers  in  the  discharge  of  their  duties. 

§  396.  Powers  of  principals. —  A  princi|)al  under  the  general 
supervision  of  the  superintendent,  has  the  direction  of  the  school 
over  which  he  is  placed,  and  the  assignment  of  teachers  to  their 
respective  grades  in  the  school,  and  he  must  direct  them  as  to 
methods  of  instruction  and  discipline.  He  may  suspend  any 
teacher  for  a  definite  time  for  inefficiency  or  insubordination, 
and  he  must  immediately  report  such  suspension  and  the  reasons 
therefor  to  the  superintendent. 

§  397.  Duties  of  supervising  architect. —  It  is  the  duty  of 
the  supervising  architect,  subject  to  the  rules  and  regulations 
of  the  board,  to  inspect  school  buildings,  prepare  plans  and  speci- 
fications for  new  buildings,  annexes  and  repairs,  and  to  supervise 
the  construction  and  making  thereof. 

§  398.  Qualifications  of  examiner. —  ISTo  person  is  eligible  to 
be  appointed  as  examiner,  unless  he  is  a  graduate  of  a  college  or 
university  recognized  by  the  regents  of  the  state  of  New  York, 
and  has  had  at  least  five  years'  successful  experience  in  teaching 
since  graduation,  or  unless  he  has  a  state  certificate  and  has  had 
at  least  ten  years'  successful  experience  in  teaching  since  ob- 
taining such  certificate.  "No^  principal  or  teacher  in  the  public 
schools  of  the  city  is  eligible  to  appointment  as  examiner, 

§  399.  Board  of  examiners. —  The  board  of  examiners  consists 
of  the  superintendent  and  two  examiners,  and  it  is  its  duty  to 
examine  all  applicants  for  positions  as  principals  or  teachers  in 
the  public  schools  of  the  city,  and  to  prepare  an  eligible  list  of 
such  applicants  as  they  may  deem  qualified,  cla?sified  as  to  po- 
sition and  graded  according  to  scholarship,  character  and  general 
fitness.  The  board  of  examiners  must  hold  such  examinations  as 
the  superintendent  may  prescribe,  and  must  prepare  the  eligible 
list.  The  superintendent  must  report  the  eligible  list  to  the  board 
of  education,  and  must  also  subscribe  the  same  into  a  book,  which 
is  open  to  public  inspection.  Any  name  placed  upon  the  eligi- 
ble list  is  entitled  to  remain  thereon  without  further  examination 


141 

for  the  period  of  two  years,  after  -which  the  name  is  dropped 
from  the  list  unless  otherwise  determined  by  the  board  of 
examiners. 

§  400.  Qualifications  of  principals  and  teachers. —  The  super- 
intendent must  nominate  principals  for  each  school  from  the  first 
ten  names  certified  by  the  board  of  examiners  as  qualified  for 
principalship.  Xo  person  must  be  appointed  to  the  position  of 
principal  of  high  school  or  grammar  school,  or  to  the  position  of 
teacher  of  a  high  school,  who  has  not  had  two  years'  successful 
experience  as  a  teacher,  and  who  does  not  possess  one  of  the  follow- 
ing qualifications:  (a)  Completion  of  a  four  years'  course  in  a 
college  or  high  school  recognized  by  the  regents  of  the  state  of 
New  York,  (b)  Completion  of  a  four  years'  course  in  a  normal 
school  recognized  by  the  state  department  of  public  instruction, 
(c)  Holder  of  a  life  certificate  of  the  state  of  ISTew  York  granted 
upon  examination.  The  superintendent  and  principal  of  a  school 
constitute  a  board  for  the  nomination  of  teachers  for  such  school 
from  the  first  twenty-five  names  on  the  eligible  list  for  teachers, 
but  no  person  may  be  appointed  as  teacher  in  a  grammar  school 
or  kindergarten  who  is  not  a  graduate  of  a  normal  school  after 
a  course  of  study  therein  of  at  least  two  years,  or  has  not  pursued 
a  course  in  pedagogy  in  a  state  training  school  or  city  training 
school  for  one  year;  except  that  any  graduate  of  the  normal 
course  of  the  Eochester  athenaeum  and  mechanics'  institute  after 
a  course  of  study  therein  of  at  least  two  years  may  be  appointed 
as  teacher  of  manual  training,  domestic  science,  domestic  art,  or 
any  of  the  special  subjects  comprised  in  the  normal  course  of  said 
institute.  The  board  of  education  must  consider  such  nomina- 
tion, and  upon  approval  appoint  the  person  so  nominated.  But 
any  principal  or  teacher  in  the  employ  of  the  board  of  education 
at  the  time  of  the  passage  of  this  act  is  exempt  from  the  condi- 
tions as  to  qualifications  or  eligibility  imposed  by  this  act.  Any 
principal  or  teacher  who  has  been  appointed  is  eligible  to  reap- 
pointment without  examination  or  certification  by  the  board  of 
examiners. 


142 

§  101.  Permanent  appointment  of  principals  and  teachers. — 
Any  princi]inl  or  teaelicr  wlio  has  been  apjiointed  to  the  same 
school  for  throe  successive  years  may,  upon  the  recommendation  of 
the  superintendent,  be  promoted  by  the  board  to  permanent  service 
in  such  school  during  good  behavior,  and  thereafter  they  may  be 
suspended  or  removed  as  herein  provided  only  for  cause  and  after 
a  hearing. 

§  402.  Suspension  and  removal  of  officers  and  employees.- —  The 
board  may  suspend  any  principal  or  teacher  for  a  definite  time, 
and  may  for  cause  remove  any  officer,  principal,  teacher  or  em- 
ployee; provided,  however,  that  no  officer,  principal  or  teacher 
may  be  removed  until  opportunity  for  a  hearing  at  a  meeting  of 
the  board  has  been  given.  All  suspensions  by  principals  are 
subject  to  review  by  the  superintendent,  and  suspensions  by  the 
superintendent  are  subject  to  review  by  the  board.  Any  person 
suspended  is  not  entitled  to  salary  for  time  of  suspension,  unless 
such  suspension  is  revoked  by  superior  authority.  This  section 
does  not  limit  the  power  of  removal  of  any  person  holding  during 
the  pleasure  of  the  board,  and  does  not  require  any  hearing  to  be 
had  upon  a  failure  to  reappoint  after  the  expiration  of  a  term. 

§  403.  Common  council  may  direct  sale  of  school  property. — 
Upon  recommendation  of  the  board  of  education,  the  sale  of  school- 
houses,  lots  or  sites,  or  any  other  school  property,  may  be  author- 
ized by  ordinance  of  the  common  council  as  herein  provided  in  re- 
lation to  other  sales  of  real  property.  The  proceeds  of  such  sale 
must  be  paid  to  the  treasurer  to  the  credit  of  the  funds  of  the 
department  of  public  instruction. 

§  404.  Public  schools  free. —  The  public  schools  are  free  to  all 
children  between  the  ages  of  five  and  twenty-one  years  residing  in 
the  city,  and  the  evening  schools  are  free  to  all  persons  over  five 
years  of  age  residing  in  the  city. 

§  405.   Teachers'  retirement  fund 

1.  Trustees. —  The  commissioners  of  schools,  the  superin- 
tendent of  schools,  one  principal  and  one  teacher  of  the  public 


143 

schools,  constitute  a  board  of  trustees  of  the  teachers'  retire- 
ment fund.  In  September  of  every  odd  numbered  year,  a  meet- 
ing of  all  the  principals  and  teachers  of  the  public  schools  must 
be  called  by  the  superintendent,  at  which  one  principal  and  one 
teacher  then  in  active  service  shall  be  chosen  to  serve  for  a  term  of 
two  years  on  the  board  of  trustees. 

2.  Sources  of  fund. —  The  teachers'  retirement  fund,  in  addi- 
tion to  the  moneys  therein,  consists  of: 

(a)  All  donations,  legacies  and  gifts  made  to  said  fund. 

(b)  Two  per  centum  of  the  annual  salaries  respectively  paid 
to  the  superintendent  of  schools,  supervisors,  principals  and 
teachers  regiilarly  employed  in  the  public  schools  of  the  city,  to  be 
deducted  by  the  city  treasurer  in  two  semi-annual  installments 
and  credited  to  the  retirement  fund ;  except  that  no  deductions  are 
to  be  made  from  the  salaries  of  the  superintendent  and  super- 
visors now  in  office  who  have  not  become  qualified  to  participate 
in  the  benefits  of  the  retirement  fund;  or  from  the  salaries  of 
superintendents  and  supervisors  hereafter  appointed  who  do  not 
within  one  month  after  appointment  give  notice  in  writing  to 
the  board  of  trustees  of  his  or  her  desire  to  participate  in  the 
benefits  of  the  retirement  fund. 

(c)  An  amount  to  be  paid  each  year  from  the  funds  appro- 
priated by  the  city  of  Eochester  for  the  department  of  public  in- 
struction, equal  to  one-half  the  total  sum  deducted  from  the 
salaries  of  the  superintendent,  supervisors,  principals  and  teachers 
for  that  year.  The  amount  thereof  must  be  deducted  by  the  city 
treasurer  in  two  semi-annual  installments  and  credited  to  the 
retirement  fund. 

(d)  All  moneys  which  may  be  obtained  from  other  sources  or 
by  other  means  duly  and  legally  devised  for  the  increase  of  the 
retirement  fund  by  the  board  of  trustees  or  with  their  consent. 

3.  Payments  from  fund. —  Xo  moneys  may  be  paid  from  the 
teachers'  retirement  fund,  until  the  amount  and  payment  thereof 
has  been  approved  by  a  vote  of  the  board  of  trustees. 

Chap.   755  10 


144 

4.  Eetironiont  on  pensions. — 

(a)  In  case  the  boarrl  of  education  retires  from"  service  or 
lefnses  to  reappoint  to  service  any  supervisor,  princi])al  or  teacher 
who  has  served  in  such  capacity  or  capacities  for  an  aggregate 
period  of  twenty  years  if  a  female,  and  tAventy-five  years  if  a  male, 
the  person  so  retired  or  refused  reappointment  thereupon  becomes 
an  annuitant  under  the  retirement  fund,  provided  that  not  less 
than  fifteen  years  of  such  service  have  been  performed  in  the 
public  schools  of  Rochester,  and  in  case  of  a  superintendent  or 
supervisor  that  he  or  she  has  become  entitled  to  the  benefits  of  the 
retirement  fund. 

(b)  Any  superintendent,  supervisor,  principal  or  teacher  who 
has  served  in  such  capacity  or  capacities  for  a  period  of  thirty 
years  if  a  female,  or  thirty-five  years  if  a  male,  may,  with  the 
consent  of  the  board  of  education  retire  from  service  and  become 
an  annuitant  under  the  retirement  fund,  provided  that  not  less 
than  fifteen  years  of  such  service  have  been  performed  in  the 
public  schools  of  Rochester,  and  in  case  of  a  superintendent  or 
supervisor  that  he  or  she  has  become  entitled  to  the  benefits  of  the 
retirement  fund. 

(c)  Amount  of  annuity. —  An  annuity  paid  from  the  teachers' 
retirement  fund  is  one-half  the  amount  of  the  annual  salary  of 
the  annuitant  at  the  time  of  retirement  from  service,  not  exceed- 
ing, however,  eight  hundred  dollars.  But  if  the  moneys  in  the 
retirement  fund  are  at  any  time  inadequate  to  fully  pay  all 
annuities  payable  therefrom,  the  board  of  trustees  may  then  direct 
the  payment  to  the  persons  entitled  to  participate  in  said  fund  aa 
near  a  pro  rata  amount  as  in  their  judgment  the  circumstances  will 
warrant. 

5.  Amount  of  contribution. —  ISTo  person  may  become  an  an- 
nuitant  who  has  not  contributed  to  the  teachers'  retirement  fund 
an  amount  equal  to  at  least  forty  per  centum  of  his  or  her  annual 
salary  at  the  time  of  retirement,  but  any  person  otherwise  qualified 
may  become  an  annuitant  by  making  a  cash  payment  to  the  retire- 


145 

ment  fund  of  such  an  amount  as  bis  or  her  contributions  may  have 
fallen  short  of  the  required  forty  per  centum. 

6.  Refund  of  contributions. —  If  at  any  time  a  superintendent, 
supervisor,  principal  or  teacher  who  is  "svilling  to  continue  service 
in  the  public  schools  of  the  city  is  not  re-employed  or  is  discharged 
before  the  time  when  he  or  she  would  be  entitled  to  an  annuity, 
then  there  must  be  paid  back  to  such  person,  without  interest,  all 
the  money  which  may  have  been  deducted  from  his  or  her  salary 
for  the  retirement  fund. 

AETICLE  XV. 
Department  of  Law. 

Section  416.  Corporation  couhseL 

417.  Powers  and  duties  of  corporation  counsel. 

418.  Duty  to  coimnence  actions. 

419.  Appeals. 

420.  Approval  of  contracts. 

421.  Costs  and  allowances  of  corporation  counsel. 

422.  Money  ^collected  to  be  paid  to  treasurer. 

423.  Compromise  of  claims. 

424.  Employment  of  counsel. 

425.  Payment  of  judgments. 

426.  Actions  to  recover  taxes. 

427.  I^Totice  to  foreclose. 

428.  Foreclosure  of  tax  liens. 

429.  Actions  and  proceedings  to  collect  taxes  upon  real 

estate. 

430.  Other  remedies  to  collect  laxes  not  affected. 

431.  Collection  of  taxes  heretofore  levied. 

432.  Actions  now  pending  for  the  foreclosure  of  tax  liens. 

433.  Taxes  to  have  preference  in  payment  over  all  other 

claims. 

434.  Statute  of  limitations  not  a  defense. 


146 

* 
Section    435.  Limitation  of  right  to  attack  sales  im<1er  tax  fore- 
closure. 

436.  Filing  of  map  preliminary   to   condemnation  pro- 

ceedings. 

437.  Application  for  appointment  of  commissioner.s. 

438.  Appointment  of  commissioners. 

439.  Condemnation   proceedings  not   affected  by   siil.f^ 

quent  transfers. 

440.  Oath  of  commissioners. 

441.  Hearings  before  commission. 

442.  Eeport  of  commissioners. 

443.  Compensation  of  commissioners. 

444.  Confirmation  of  report. 

445.  Possession  of  property  and  giving  security. 

446.  Appeal  from  award. 

447.  Power  of  court  on  appeal. 

448.  Conflicting  claims. 

449.  Award  to  unknown  owners. 

450.  Award  to  nonresident  owners. 

451.  Taxes  to  be  deducted  from  award. 

452.  T\^lien  title  vests  in  city. 

453.  Procedure  to  assess  damages  for  discontinuance  or 

change  of  grade  of  street. 

454.  Costs. 

455.  Application. 

Section  410.  Corporation  counsel. —  The  corporation  counsel 
is  the  head  of  the  department  of  law,  and  has  power  to  appoint  to 
hold  office  during  his  pleasure,  an  assistant,  who  has  all  the  powers 
and  duties  of  a  deputy,  and  such  other  subordinates  as  may  be  pre- 
scribed by  the  board  of  estimate  and  apportionment,  and  they  must 
discharge  such  duties  pertaining  to  their  offices  as  he  may  direct. 

^  417.  Powers  and  duties  of  corporation  counsel. —  The  corpo- 
ration counsel  is  the  legal  adviser  of  all  the  departments,'  boards, 


147 

bureaus  and  officers  of  the  city,  and  he  must  appear  for  and  pro- 
tect the  rights  and  interests  of  the  city  in  all  actions,  suits  and 
proceedings  brought  by  and  against  it,  or  by  or  against  any  depart- 
ment, board,  bureau  or  officer;  and  the  departments,  boards, 
bureaus  and  officers  must  not  employ  other  counsel ;  and  he  must 
attend  to  all  the  law  business  of  the  city,  and  discharge  such  other 
duties  as  may  be  prescribed  by  ordinance  of  the  common  council. 
§  418.  Duty  to  commence  actions. —  The  corporation  counsel 
must,  when  directed  by  either  the  mayor  or  by  ordinance  of  the 
common  council,  commence  an  action  or  proceeding  in  the  name 
of  the  city,  or  the  necessary  and  proper  department,  board,  bureau 
or  officer. 

§  410.  Appeals. —  In  an  action  or  proceeding  brought  by  or 
against  the  city,  or  by  or  against  any  department,  board,  bureau 
or  officer  thereof,  the  corporation  counsel  may  when  he  deems  it 
for  the  best  interests  of  the  city,  appeal  from  any  order,  decision 
or  judgment  therein. 

§  420.  Approval  of  contracts. —  Xo  written  contract  providing 
for  the  payment  of  two  hundred  and  fifty  dollars,  or  more,  entered 
into  by  the  city,  may  be  acted  upon  until  there  -is  endorsed  thereon 
by  the  corporation  counsel  or  his  assistant,  a  certificate  to  the 
effect  that  the  officer  who  executed  the  same  on  behalf  of  the  citj 
had  authority  and  power  to  make  such  contract,  and  that  such 
contract  is  in  proper  form  and  properly  executed. 

§  421.  Costs  and  allowances  of  corporation  counsel. —  The  cor- 
poration counsel  is  entitled  in  actions  and  proceedings  in  which 
the  city  is  successful,  to  receive  to  his  own  use  all  costs  and  allow- 
ances collected  from  the  adverse  party,  but  he  must  repay  to  the 
city  treasurer  all  amounts  disbursed  in  the  progress  of  such  ao- 
tions  or  proceedings  which  are  taxable  as  disbursements  therein, 
and  which  have  been  paid  by  the  city  treasurer,  whenever  and  as 
soon  as  such  amounts  are  collected. 

§  422.  Money  collected  to  be  paid  to  treasurer. —  The  C(U-]i(n-a- 
tion  counsel  must  pay  over  at  once  to  the  city  treasurer  all  moneys 


148 

collected  by  him  for  or  on  behalf  of  the  city,  including  fines  and 
penalties. 

§  423.  Compromise  of  claims. —  'J'ho  corporation  counsel  has 
power  whenever  he  considers  it  for  the  best  interests  of  the  city, 
to  enter  into  an  agreement  in  writing,  subject  to  approval  by  the 
board  of  estimate  and  apportionment,  to  compromise  and  settle 
any  claim  against  the  city,  which  agreement  must  be  reported  to 
the  common  council  at  its  next  meeting,  and  constitutes  a  valid 
claim  against  the  city ;  and  the  amount  therein  provided  to  be  paid 
must,  with  interest  thereon  at  six  per  centum  from  the  date  of 
approval,  be  included  in  the  next  annual  estimate,  and  when  raised 
by  tax  be  paid  to  the  claimant.  If,  however,  before  the  levy  and 
collection  of  the  city  taxes,  there  is  received  Ly  the  city  treasurer 
from  any  source  any  moneys  not  otherwise  aj^propriatcd,  the 
money  in  the  agreement  provided  to  be  paid  may  be  paid  out  of 
such  moneys  so  received  so  far  as  they  will  satisfy  the  same. 

§  424.  Employment  of  counsel. — ■  The  corporation  counsel,  with 
the  written  consent  of  the  mayor,  may  employ  counsel  at  a  com- 
pensation fixed  by  the  board  of  estimate  and  apportionment,  to 
assist  him  in  the  argument  and  conduct  of  important  cases  or 
proceedings  in  which  the  city,  or  its  departments,  boards,  bureaus 
or  ofiicers,  is  a  party  or  interested. 

§  425.  Payment  of  judgments. —  The  amount  of  any  judgment 
recovered  against  the  city,  or  any  department,  board,  bureau  or 
officer  thereof,  payable  by  the  city,  in  case  no  appeal  is  intended 
to  be  taken,  or  in  case  such  judgment  is  finally  affirmed  on  an 
appeal  taken,  must  be  reported  to  the  common  council  by  the 
corporation  counsel,  and  the  amount  thereof  must  be  raised  in 
the  next  annual  levy  of  taxes.  Such  judgments  must  be  paid 
out  of  the  firs<t  moneys  paid  into  the  city  treasury  on  ac- 
count of  such  levy,  in  the  order  of  their  recovery.  Until  the 
money  so  raised  is  paid  into  the  treasury,  and  payment  of  judg- 
ment refused,  no  execution  may  issue  against  the  city  or  against 
any  department,  board,  bureau  or  officer  thereof  on  a  judgment 
payable  by  the  city,  unless  the   amount  of  such  judgment  has 


149 

not  been  included  in  tlie  tax  levj;  provided,  nevertheless,  if 
there  are  any  moneys  in  the  treasury  not  otherwise  appropriated, 
such  moneys  may  be  applied  to  the  payment  of  the  judgments. 

§  426.  Actions  to  recover  taxes. —  All  annual  taxes  levied  upon 
account  of  personal  property  including  interest,  penalties  and  fees 
thereupon  to  the  date  of  judgment  or  final  order,  at  the  rates  here- 
inbefore provided  in  this  charter,  must  be  collected  in  the  name 
of  the  city  by  the  corporation  counsel,  after  the  first  day  of  Janu- 
ary following  the  date  of  the  delivery  to  the  city  treasurer  of  the 
tax  rolls  containing  the  same,  by  actions  or  supplementary  pro- 
ceedings. Such  actions  may  be  commenced  in  the  municipal 
court,  in  the  Monroe  county  court  or  in  the  supreme  court,  in  the 
same  manner  as  other  civil  actions  are  commenced  in  said  respec- 
tive courts,  and  the  provisions  of  the  code  of  civil  procedure  and 
the  laws  and  statutes  relating  to  the  conduct  and  prosecution  of 
actions  and  to  practice  and  procedure  in  the  respective  said  courts 
apply  to  such  actions.  Supplementary  proceedings  to  collect  such 
taxes  must  be  commenced  by  the  presentation  to  the  county  judge 
or  special  county  judge  of  Monroe  county  of  an  affidavit  made  by 
an  officer  of  the  city  of  Rochester  stating  that  a  tax  has  been  levied 
against  a  person,  firm,  estate  or  corporation  named  therein,  and 
that  the  same  is  due  and  remains  unpaid,  and  thereupon  an  order 
may  be  granted  requiring  such  person,  firm,  estate  or  corporation 
to  appear  before  such  county  judge  or  special  county  judge,  or 
before  a  referee  named  in  such  order  and  answer  concerning  his, 
their  or  its  property,  and  thereafter  the  same  proceedings  are  had 
in  all  respects  as  in  cast's  of  proceedings  supplementary  to  an  exe- 
cution against  property  as  provided  by  the  code  of  civil  procedure, 
and  the  provisions  thereof  thereafter  apply  to  such  supplementary 
proceedings. 

§  42Y.  Notice  of  foreclosure. —  When  ajmual  taxes  upon  real 
estate  remain  unpaid  for  one  year  from  the  first  day  of  Janu- 
ary following  the  delivery  to  the  eit}'  treasurer  of  the  tax  rolls 
containing  the  same,  the  corporation  counsel  must  give  notice  to 
the  respective  owners  of  the  premises  taxed  that  he  intends  to 


ir,o 

commence  actions  to  foreclose  the  liens  of  such  taxes,  unless  the 
respective  taxes  are  paid  within  two  weeks  from  the  date  of  the 
service  of  the  respective  notices;  and  the  fees  for  serving  such 
notices  not  exceeding  one  dollar  for  each  person  served  must  be 
added  to  and  collected  as  a  part  of  said  taxes.  Such  notice  may  he 
ser\ed  on  the  owner  of  the  land  taxed,  if  he  live  in  Rochester,  per- 
sonally or  by  leaving  at  his  residence;  'if  he  do  not  live  in  Roch- 
ester, personally  or  by  mailing  the  same  to  him  in  a  securely 
'  closed  envelope  directed  to  him  at  his  last  known  place  of  resi- 
dence; if  he  is  unknown,  or  if  his  place  of  residence  cannot  be 
ascertained,  by  leaving  the  same  with  any  occupant  of  the  prem- 
ises, and  if  the  premises  be  unoccupied,  by  posting  the  same  in  a 
conspicuous  place  thereon.  The  service  of  f-uch  notice  is  not  a 
condition  precedent  to  the  right  to  maintain  the  foreclosure  ac- 
tion hereinafter  provided  for,  and  the  failure  to  serve  the  same 
is  not  a  defense  to  such  action. 

§  428.  Foreclosure  of  tax  liens. — ^When  annual  taxes  upon 
real  estate  remain  unpaid  after  the  expiration  of  one  year 
from  the  first  day  of  January  following  the  delivery  to  the  city 
treasurer  of  the  tax  rolls  containing  the  same,  the  liens  created 
by  the  levying  of  the  taxes  by  the  common  council,  together  wnth 
interest,  fees  and  penalties  thereon  to  the  date  of  judgment,  at 
the  rates  provided  in  this  charter,  must  be  foreclosed  in  a  court 
of  record  in  the  name  of  the  city  by  the  corporation  counsel,  in 
the  same  manner  as  is  provided  for  the  foreclosure  of  mortgages, 
and  the  provisions  of  the  code  of  civil  procedure,  and  of  the 
rules  of  practice  and  the  law  and  practice  of  this  state  relating 
to  the  foreclosure  of  mortgages,  and  the  provisions  of  the  code 
of  civil  procedure  relating  to  the  service  of  process,  the  commence- 
ment and  conduct  of  actions,  the  jurisdiction,  procedure  and 
practice  of  courts,  and  award  of  costs,  apply  to  said  actions  for 
the  foreclosure  of  tax  liens.  A  conveyance  upon  a  sale  made 
pursuant  to  a  final  judgment  in  an  action  to  foreclose  the  lien 
of  a  tax  vests  in  the  purchaser  all  the  right,  title  and  interest 
and  equity  of  redemption  in  and  to  said  premises  so  sold  of  all 


151 

the  parties  to  said  action,  and  of  all  parties  claiming  under  them, 
or  any  of  them,  whose  conveyance  or  incumbrance  is  executed  or 
recorded  subsequent  to  the  filing  of  the  notice  of  pendency  of 
action.  Separate  taxes  against  the  same  lot  or  parcel  of  land 
may  be  foreclosed  in  one  action,  and  where  several  lots  or  parcels 
of  land  are  owned  by  the  same  person  or  persons,  corporation 
or  corporations,  separate  tax  liens  upon  separate  lots  and  parcels 
of  land  so  owned  may,  at  the  option  of  the  corporation  counsel, 
be  foreclosed  in  one  action.  All  annual  taxes,  local  assessments 
and  water  rates  due  the  city  of  Rochester,  and  which  are  a  lien 
upon  the  lands  sold  shall  be  satisfied  from  the  proceeds  of  tho 
sale  of  said  lands  as  far  as  possible,  and  judgment  for  the 
deficiency,  if  any,  df  all  annual  taxes,  local  assessments  and 
water  rates  due  the  city  of  Eochester,  and  which  are  a  lien 
apon  the  lands  sold,  must  be  granted  against  any  defendant  or 
defendants  in  said  actions  personally  liable  therefor;  and  tho 
final  judgments  in  such  actions  may  direct  the  cancellation  or 
satisfaction  of  record  of  any  lien  or  liens  of  any  party  or  parties 
to  the  action.  The  corporation  counsel  may  bid  for  and  pur- 
chase in  the  name  of  the  city,  upon  sales  under  judgments  in 
actions  to  foreclose  tax  liens. 

§  429.  Actions  and  proceedings  to  collect  taxes  upon  real 
estate —  The  corporation  counsel  may  al.-^o  collect  annual  taxes 
upon  real  estate,  including  all  items  added  thereto,  in  whole 
or  in  part  unpaid,  by  supplementary  proceedings,  or  by  actions 
against  the  persons  or  corporations  personally  liable  therefor  aj^ 
herein  provided  for  the  collection  of  taxes  upon  account  of  personal 
property. 

§  430.  Other  remedies  to  collect  taxes  not  affected. —  The 
actions  to  enforce  personal  liability,  the  supplementary  proceed- 
ings and  the  foreclosure  actions  herein  provided  for,  are  in  addi- 
tion to  the  other  methods  provided  for  the  collection  of  taxes 
in  the  city  of  Rochester  and  not  dependent  upon  them  or  any 
of  them  or  any  step  thereof. 

§  431.     Collection    of    taxes    heretofore    levied. —  AH    annual 


152 

taxes,  local  assessments  and  water  rates  heretofore  taxed,  as- 
sessed or  charged  by  the  city  of  Rochester,  or  by  its  officers,  may 
be  collected  in  the  name  of  the  city  by  the  corporation  counsel, 
by  action  to  enforce  personal  liability,  supplementary  pro- 
ceedings or  foreclosure  of  tax  liens,  as  provided  herein  for  the 
collection  of  taxes,  and  such  methods  are  in  addition  to  other 
methods  provided  for  the  collection  of  taxes,  assessments  and 
water  rates,  and  not  dependent  upon  them  or  any  of  them ;  an-l 
in  such  actions,  supplementary  proceedings  and  foreclosures  all 
items  inserted  in  the  annual  tax  rolls  must  be  collected  as  a  part 
of  the  annual  taxes  upon  the  same  property  against  which  such 
items  were  inserted,  w^ith  interest,  penalties  and  fees,  the  same 
as  upon  the  annual  taxes.  Xo  action,  supplementary  proceeding 
or  foreclosure  action  may  h?  commenced  to  collect  taxes  hereto- 
fore levied  until  after  the  expiration  of  nine  months,  in  the  case 
of  taxes  upon  account  of  personal  property,  and  one  year  in  the 
case  of  taxes  upon  real  estate,  from  the  date  of  the  delivery  to  the 
city  treasurer  of  the  rolls  containing  the  same. 

§  433.  Actions  now  pending  for  the  foreclosure  of  tax  liens. — 
Actions  now  pending  for  the  foreclosure  of  tax  liens  or  equities 
of  redemption  upon  a  mayor's  certificate  may  be  prosecuted  to 
final  judgment  and  sale  under  the  statutes  and  laws  in  force  when 
such  actions  were  commenced;  and  the  equities  of  redemption  in 
all  cases  where  mayor's  certificates  have  heretofore  been  filed 
and  actions  to  foreclose  equities  of  redemption  have  not  been  com- 
menced, m  ay  at  the  option  of  the  corporation  counsel  be  foreclosed 
under  the  str.tutes  and  laws  in  force  at  the  time  of  the  filing  of 
the  mayor's  certificates. 

§  433.  Taxes  to  have  preference  in  payment  over  all  other 
claims. —  All  annual  taxes,  local  assessments  and  water  rates, 
which  are  now  or  which  hereafter  may  become  due  and  payable  to 
the  city  of  Rochester,  must  be  preferred  to  all  other  liens  and 
claims  in  the  distribution  of  the  proceeds  of  the  sale  of  real  or 
personal  property  made  pursuant  to  an  order  of  any  court  or 
judge,  and  in  the  distribution  of  assets,  funds  or  other  property, 


]53 

hy  or  pursuant  to  an  order  of  any  court  or  judge,  or  by  an  assignee, 
receiver,  executor,  administrator,  trustee  or  any  officer  appointed 
by  a  court  or  judge.  'No  decree  of  judicial  settlement  shall  be 
made  by  the  surrogate's  court  of  Monroe  county,  without  an  affi- 
davit that  no  annual  taxes,  local  assessments  or  water  rates  are 
flue  or  owing  the  city  of  Rochester  from  the  deceased  person,  his 
representative  or  estate,  unless  the  city  of  Rochester  has  appeared 
by  its  corporation  counsel  in  such  proceeding  for  judicial  settle- 
ment ;  and  in  proper  cases  it  is  the  duty  of  said  surrogate's  court 
to  direct  that  the  city  of  Rochester  be  made  a  party  to  any  pro- 
ceeding for  judicial  settlement; 

§  434.  Statute  of  limitations  not  a  defense. —  In  any  action 
or  proceeding  to  Vvhich  the  city  of  Rochester,  or  any  of  its  officers, 
is  a  party,  and  in  which  it  is  claimed  that  annual  taxes,  local 
assessments  or'  water  rates  heretofore  or  hereafter  taxed,  assessed 
or  charged,  are  due  or  owing  the  city,  or  in  which  it  is  sought 
to  collect  the  same,  the  statute  of  limitations  is  not  a  bar  or 
defense  to  the  right  of  the  qity  or  its  officers  to  recover  or  oifset 
such  taxes,  assessments  or  water  rates. 

§  435.  Limitation  of  right  to  attack  sales  under  tax  fore- 
closure.—  An  action  cannot  be  maintained  to  recover  real  estate 
heretofore  or  hereafter  sold  under  a  judgment  in  an  action  brought 
by  the  city  of  Rochester  to  foreclose  the  lien  of  a  tax,  or  to  fore- 
close the  equity  of  redemption  remaining  after  the  sale  of  a  tax, 
and  the  filing  of  a  mayor's  certificate  thereon,  or  to  recover  any 
right,  title,  interest  or  equity  of  redemption  in  or  to  real  estate 
so  sold,  unless  the  action  therefor  is  commenced  within  one  year 
after  the  entry  of  judgment  of  foreclosure  and  sale  in  case  of  sales 
hereafter  had,  and  within  one  year  from  the  time  this  act  takes 
effect  in  case  of  sales  heretofore  had.  The  limitations  herein 
provided  apply  to  and  bar  non-resident  persons,  persons  tem- 
porarily absent  from  the  state,  minors,  insane  persons,  persons 
in  prison,  and  all  other  persons  and  corporations  whether  under 
disability  or  not. 

§  436.     Filing   of   map    preliminary   to   condemnation   proceed- 


154 

ings. —  \Mi('ii('\'('r  tlic  coinmoii  council  lias  passed  an  ordinance 
for  the  purchase  of  real  estate,  rights  or  easements,  and  the  com- 
missioner of  public  works  reports  that  he  is  unable  to  acquire  such 
real  estate,  rights  or  easements  at  a  price  approved  by  the  board 
of  estimate  and  apportionment,  or  when  in  the  case  of  real  estata, 
rights,  or  easements  for  school  purposes,  the  common  council  after 
notification  by  the  board  of  education  of  its  inability  to  purchase 
such  real  estate,  rights  or  easements,  has  directed  the  corporation 
counsel  to  institute  condemnation  proceedings  for  the  acquire- 
ment of  the  same,  the  corporation  counsel  must  cause  to  be  filed 
in  the  ofiice  of  the  city  clerk  and  the  county  clerk  of  the  county 
in  which  the  real  estatr>,  rights  or  easements  are  situate,  a  copy 
of  the  ordinance  and  a  map  of  the  real  estate,  rights  or  casements 
sought  to  be  taken. 

§  437.  Application  for  appointment  of  commissioners. —  The 
corporation  counsel  must,  after  the  filing  of  the  map,  cause  to  be 
published  for  ten  days  in  one  of  the  official  papers,  a  notice 
specifying  the  real  estate,  or  rights  .or  easements  therein  to  be 
acquired,  and  stating  that  an  application  will  be  made  to  the 
county  court  of  the  county  of  Monroe,  or  to  the  supreme  court,  at 
a  special  term  thereof  held  in  the  judicial  district  in  which  the 
real  estate,  rights  or  easements  sought  to  be  taken  are  situate,  at 
a  time  specified  in  the  notice,  for  the  appointment  of  commission- 
ers to  ascertain  and  determine  the  compensation  which  ought 
justly  to  be  made  by  the  city  to  the  owners  of  the  real  estat3, 
rights  or  easements  sought  to  be  taken,  and  to  persons  having  any 
estate,  interest  or  easement  therein  or  any  lien,  charge  or  incum- 
brance thereon.  The  corporation  counsel  must  also,  at  least  tea 
days  before  the  time  named  for  such  application,  cause  a  notice 
to  be  served  on  each  of  the  owners  of  the  real  estate  or  rights  oi 
easements  therein  sought  to  be  taken,  and  upon  each  person  having 
any  estate,  interest  or  easement  therein  or  any  lien,  charge  or 
incimibrance  thereon,  either  personally  or  by  leaving  the  same 
at  their  several  places  of  residence,  and  in  case  no  person  can  be 
found  at  the  time  of  making  the  service  at  such  place  of  residence, 


155 

then  sucli  notice  may  be  served  by  posting  the  same  in  a  con- 
spicuous place  at  such  place  of  residence ;  if  any  person  to  be 
served  is  a  non-resident  of  the  state,  the  notice  may  be  served  by 
mailing  it  to  him  at  his  last  kno^vn  place  of  residence;  and  in 
case  the  residence  of  any  person  to  be  served  cannot  be  ascertained, 
the  notice  may  be  served  by  leaving  the  same  at  the  residence  of 
the  occupant  of  the  premises  sought  to  be  taken,  and  if  there  is  no 
occupant,  by  posting  the  same  in  a  conspicuous  place  upon  the 
premises  sought  to  be  taken, 

§  438.  Appointment  of  commissioners. —  At  the  time  in  such 
notice  specified,  or  the  time  to  which  the  application  may  be  ad- 
journed, the  court,  upon  filing  proof  by  afiidavit  of  the  publication 
and  service  of  such  notice,  and  upon  hearing  the  city  and  all  per- 
sons interested  who  appear,  may  appoint  three  commissioners  of 
appraisal  who  are  residents  and  freeholders  of  the  city  if  the  real 
estate,  rights  or  easements  sought  to  be  taken  are  situate  in  the 
city,  and  if  situate  without  the  city,  who  are  freeholders  of  the 
judicial  district  in  which  the  real  estate,  rights  or  easements 
sought  to  be  taken  are  situate  and  at  least  one  of  whom  is  a  resi- 
dent and  freeholder  of  the  city,  not  interested  in  any  of  the  real 
estate,  rights  or  easements  sought  to  be  taken  nor  of  kin  to  any 
owner  thereof  or  to  any  person  having  any  estate,  right  or  interest 
therein  or  lien,  charge  or  incumbrance  thereon.  The  court  has 
power  at  any  time  to  amend  any  defect  or  informality  in  any  of 
the  special  proceedings  authorized  by  this  act,  including  the  map 
and  notice  aforesaid,  as  may  be  necessary  or  proper;  or  to  cause 
new  parties  to  be  served  with  notice,  and  to  direct  the  manner  of 
service  thereof  as  it  deems  proper,  and  also  to  appoint  other  com- 
missioners in  the  place  of  any  who  die  or  refuse  or  neglect  to  serve 
or  who  are  incapable  of  serving ;  and  such  amendment  may  be  made 
at  any  stage  of  the  proceedings;  and  to  appoint  a  guardian  ad 
litem  for  an  infant  who  is  a  party  to  the  proceeding,  and  if  neces- 
sary, for  a  lunatic  or  habitual  drunkard  who  is  a  party  to  the 
proceeding;  and  where  the  mode  and  manner  of  conducting  all 
or  any  of  the  proceedings  to  the  appraisal  are  not  expressly  pro- 


156 

vided  for  by  this  act,  the  court  before  whom  such  proceed- 
ings are  pending  has  the  power  to  make  all  the  necessary  orders 
and  give  the  proper  directions  to  carry  into  effect  the  object 
and  intent  of  this  act ;  and  the  practice  in  such  cases  shall  conform, 
as  nearly  as  may  be,  to  the  ordinary  practice  in  such  court ;  and 
the  power  of  amendment  is  to  be  exercised  as  liberally  as  directed 
to  be  exercised  by  the  code  of  civil  procedure  by  such  court  in 
actions. 

§  -1:'j9.  Condemnation  proceedings  not  affected  by  subsequent 
transfers. —  When  condemnation  proceedings  herein  authorised 
have  been  commenced  by  the  filing  of  the  ordinance  and  map,  no 
change  of  ownership  thereafter  by  conveyance  or  other  transfer,  of 
the  real  estate,  or  right  or  easement,  or  of  any  interest  therein,  or 
of  the  subject-matter  of  the  appraisal,  shall  in  any  manner  affect 
such  proceedings,  but  the  same  may  be  carried  on  and  perfected 
as  if  no  such  conveyance  or  transfer  had  been  made. 

§  440.  Oath  of  commissioners. —  The  commissioners  appointed 
must  take  and  subscribe  the  constitutional  oath  of  office. 

§  441.  Hearings  before  commission. —  Any  of  the  commissionei*3 
may  issue  subpoenas  and  administer  oaths  to  witnesses.  One  of 
them  may  adjourn  the  proceedings  from  time  to  time.  They  must 
give  notice  by  publication  in  one  of  the  official  papers  for  at  least 
ten  days  of  the  time  and  place  where  their  first  meeting  is  to  be 
held.  At  the  time  appointed,  or  at  any  other  time  or  times  to  which 
they  may  adjourn,  they  must  proceed  to  view  the  real  estate, 
rights  or  easements  sought  to  be  taken  and  hear  the  proofs  and 
allegations  of  the  parties.  After  the  testimony  is  closed  they  must 
determine  the  compensation  which  ought  justly  to  be  made  by  the 
city  to  the  respective  owners  of  the  real  estate,  rights  or  easements 
sought  to  be  taken,  and  of  the  respective  persons  having  any  estate, 
interest  or  easement  therein  or  any  lien,  charge  or  incumbrance 
thereon.  The  compensation  awarded  to  any  occupant  or  tenant 
having  a  leasehold  interest  in  the  real  estate,  rights  or  easements 
sought  to  be  taken,  must  be  deducted  from  the  damages  awarded  to 


157 

the  owner  or  person  interested  in  the  real  estate,  rights  or  ease- 
ments to  which  the  right  of  such  occupant  or  tenant  is  subservient. 

§  442.  Report  of  commissioners.— The  commissioners  must,  as 
soon  as  convenient,  make  their  report  to  the  common  council,  signed 
by  a  majority  of  them,  in  which  they  must  describe  with  all  prac- 
tical certainty  the  several  parcels  of  real  estate  or  rights  or  ease- 
ments sought  to  be  taken,  and  the  names,  residences  and  title  or 
rights,  as  far  as  can  be  ascertained,  of  the  respective  owners  thereof, 
and  of  the  respective  persons  having  any  estate,  interest  or  ease- 
ment therein,  or  any  lien,  charge  or  incumbrance  thereon,  and  the 
amount  of  compensation  which  ought  justly  to  be  made  by  the  city 
to  the  respective  owners  of  the  real  estate,  rights  or  easements 
sought  to  be  taken  and  to  the  respective  persons  having  any  estate, 
interest  or  easement  therein  or  any  lien,  charge  or  incumbrance 
thereon;  which  report  must  be  filed  by  the  city  clerk  in  his  office, 
and  a  duplicate  of  such  report  must  be  recorded  by  the  commis- 
sioners in  the  office  of  the  clerk  of  the  county  in  which  the  real 
estate,  rights  or  easements  sought  to  ^be  taken  are  situate. 

§  443.  Compensation  of  commissioners. —  The  commissioners 
are  each  entitled  to  the  sum  of  three  dollars  for  each  day  they  are 
actually  and  necessarily  engaged  in  the  performance  of  their 
duties ;  but  in  any  proceeding  a  larger  per  diem  compensation  may 
be  fixed  by  the  board  of  estimate  and  apportionment  before  the 
first  meeting  of  the  commissioners.  They  may  also  employ  a  clerk 
to  take  the  minutes  of  the* testimony  and  to  keep  the  minutes  of 
their  proceedings,  who  is  entitled  to  three  dollars  for  each  day 
spent  by  him  in  the  performance  of  such  duties.  Any  of  the  com- 
missioners may  act  as  clerk,  and  in  that  event  is  entitled  to  receive 
the  additional  compensation  of  clerk. 

§  444.  Confirmation  of  report —  Upon  receiving  the  report, 
the  common  council  must  assign  a  time  for  hearing  objections  to 
the  confirmation  thereof,  and  at  the  time  assigned  must  hear  the 
allegations  of  all  persons  interested  who  appear,  and  may  take 
proof  in  relation  thereto  from  time  to  time,  and  may  confirm  the 


,       158 

report  or  set  it  aside  and  refer  tlie  matter  to  new  commissioners  to 
be  appointed  as  herein  provided.  The  common  council  may  ?ei 
aside  said  report  and  abandon  the  condemnation  proceedings  at 
any  time  before  confirmation  thereof. 

I  445^  Possession  of  property  and  giving  security. —  At  any 
stage  of  the  proceeding  the  court  may  authorize  the  city,  if  in  pos- 
session of  the  real  estate,  rights  or  easements  sought  to  be  taken,  to 
continue  in  possession  thereof,  and  may  stay  all  actions  or  pro- 
ceedings against  it  on  account  thereof,  or,  if  the  city  is  not  in  pos- 
session, may  authorize  the  city  to  take  immediate  possession  of  the 
real  estate,  rights  or  easements  sought  to  be  taken;  upon  giving 
such  security  or  depositing  such  sum  of  money  as  the  court  may 
direct,  to  be  held  as  security  for  the  payment  of  the  compensation 
which  may  be  finally  aw^arded.  In  case  possession  is  retained  or 
taken  under  this  section,  the  condemnation  proceeding  cannot 
thereafter  be  abandoned. 

§  446.  Appeal  from  award. —  Any  person  aggrieved  by  the  re- 
port or  award  of  the  commissioners  may  within  thirty  days  after 
the  confirmation  by  the  common  council,  appeal  therefrom  to  the 
appellate  division  of  the  supreme  court,  and  must  file  in  the 
county  clerk's  office,  with  the  notice  of  appeal,  a  bond  executed 
by  two  or  more  sureties,  approved  by  a  judge  of  the  supreme 
court  or  the  county  judge  of  Monroe  county,  in  the  penal 
sum  of  one  thousand  dollars,  conditioned  for  the  diligent  prosecu- 
tion of  the  appeal  and  for  the  payment  of  all  costs  and  charges 
which  may  be  awarded  against  the  ai^pellant.  All  the  pertineut 
provisions  of  the  code  of  civil  procedure  relating  to  an  appeal  from 
an  order,  ajDply  to  an  appeal  taken  as  herein  provided. 

§  447.  Power  of  court  on  appeal. —  On  the  hearing  of  an  ap- 
peal the  court  may  confirm  or  annul  the  award  to  any  party  or 
parties  or  to  all  of  them,  and  may  direct  a  re-hearing  before  the 
same  or  new  commissioners. 

§  448.  Conflicting  claims. —  If  there  are  adverse  and  conflicting 
claimants  to  the  money  or  any  part  of  it  to  be  paid  as  compensa- 
tion for  the  real  estate,  rights  or  easements  sought  to  be  taken, 


159 

the  court  may  direct  the  money  to  be  paid  into  court  by  the  city, 
and  may  determine  who  is  entitled  to  the  same  and  direct  to  whom 
the  same  shall  be  paid,  and  may  in  its  discretion  order  a  reference 
to  ascertain  the  facts  on  which  such  determination  and  direction 
are  to  be  made. 

§  449.  Award  to  unknown  owners. —  If  an  award  is  made  to 
any  unknown  person,  the  court  may  direct  that  the  sum  so  awarded 
be  paid  into  court  to  await  its  disposition. 

§  450.  Award  to  non-resident  owners. —  If  an  award  is  made  to 
any  non-resident  or  any  person  whose  residence  or  place  of  domi- 
cile cannot  be  located,  or  if  for  any  reason  the  city  is  unable  to 
pay  to  any  person  the  moneys  aAvarded  to  him,  the  court  may  direct 
that  such  moneys  be  paid  into  court  to  await  its  disposition. 

§  451.  Taxes  to  be  deducted  from  award. —  The  city,  before 
paying  any  amounts  awarded  in  condenmation  proceedings,  must 
deduct  therefrom  all  sums  due  the  city  for  annual  taxes,  local 
assessments  and  water  rates  which  are  liens  upon  the  real  estate, 
rights  or  easements  taken ;  and  if  there  is  a  conflict  as  to  the 
specific  awards  from  which  such  taxes,  assessments  or  water  rates 
shall  be  deducted,  the  whole  amount  of  the  awards,  less  the  taxes, 
assessments  and  water  rates,  may  be  paid  into  court  and  the  claims 
of  the  parties  settled  as  herein  provided  in  case  of  conflicting 
claimants. 

§  452.  When  title  vests  in  city. — -Upon  the  payment  of  the 
sums  awarded  the  city  becomes  vested  Avith  the  title  to  the  real 
estate,  rights  or  easements  taken,  free  from  any  and  all  liens, 
charges  and  incumbrances  of  every  kind  and  nature. 

§  453.  Procedure  to  assess  damages  for  discontinuance  or 
change  of  grade  of  street. — -In  case  of  the  discontinuance  of  a 
street  or  of  the  change  of  grade  thereof,  when  a  claim  for  damages 
has  been  duly  filed  with  the  commissioner  of  public  w^orks  and  the 
amount  of  damages  has  not  been  agreed  upon  by  the  commissioner 
of  public  works  and  approved  by  the  board  of  estimate  and  ap- 
portionment, the  corporation  counsel  must,  within  three  months 
Chap.  755  11 


IGO 

from  the  filing  of  the  chaiiii,  apply  for  the  appointment  of  com- 
missioners to  assess  the  daniages  as  })rovidc(l  herein  in  relation  to 
the  condemnation  of  lands;  and  in  case  he  fail  to  do  so,  any  per- 
son who  has  duly  filed  a  claim  for  damages  which  has  not  been 
adjusted,  may  after  the  expiration  of  three  months  from  the  filing 
of  the  claim,  make  such  application,  upon  notice  to  the  corpora- 
tion counsel,  and  thereupon  all  the  pertinent  provisions  of  this  act 
relating  to  condemnation  proceedings  apply  to  such  proceeding. 
All  claims  arising  from  the  closing  of  one  street  or  the  change  of 
grade  of  one  street  may  be  joined  in  one  proceeding,  and  if  sepa- 
rate proceedings  in  such  cases  are  commenced  the  court  may  con- 
solidate them. 

§  454.    Costs. —  Costs  may  be  awarded  to  or  against  the  city 

in  a  condemnation  proceeding  or  proceeding  to  assess  damages  in- 
stituted under  this  act. 

§  455.  Application. — •  The  city  may  acquire  under  the  con- 
demnation proceedings  herein  provided,  any  real  estate,  or  rights 
or  easements  therein,  or  any  property  rights  in  real  estate,  within 
or  without  the  limits  of  the  city,  which  it  is  authorized  by  thia 
act  to  acquire. 

ARTICLE  XVI. 
Police  Court. 

Section  466.  Police  court. 

467.  Judges  of  the  municipal  court  to  act  as  police  justice. 

468.  Jurisdiction  of  police  court. 

469.  Powers  and  jurisdiction  of  police  justice. 
4Y0.  Children's  court. 

471.  Judicial  notice  of  ordinances. 

472.  Prosecutions  for  violation  of  ordinances. 

473.  Removal  of  cases  to  grand  jury. 

474.  Demand  for  jury  trial. 

475.  Jury  trial. 

476.  Power  to  sentence. 

477.  Confinement  in  Monroe  county  penitentiary. 


IGl 

Section  478.  Police  court  clerk  and  assistants. 

479.  Police  court  attendant. 

480.  Probation  officers. 

481.  Sale  of  unclaimed  articles. 

482.  Stolen  property. 

483.  Property  to  be  held  as  evidence. 

484.  Expense  of  punishing  offenders  against  the  state  law. 

Section  40 G.  Police  court. —  The  court  of  criminal  jurisdic- 
tion known  as  the  police  court,  held  by  the  police  justice,  is  con- 
tinued, with  the  jurisdiction  and  powers  hereinafter  conferred. 

§  4G7.  Judg-es  of  the  municipal  court  to  act  as  police  justice. — ■ 
In  the  absence  or  inability  of  the  police  justice,  or  in  case  of  a 
vacancy  in  the  office  thereof,  either  of  the  judges  of  the  municipal 
court  must  perform  the  duties  of  the  police  justice.  Either  of  the 
judges  of  the  municipal  court  may  issue  a  criminal  warrant  on 
due  complaint  for  the  arrest  of  any  person  charged  with  crime 
committed  within  the  city.  Such  warrant  must  be  s'giied  by  the 
judge  hearing  the  complaint  and  made  returnable  before  the  police 
justice,  or  police  court. 

§  468.  Jurisdiction  of  police  court. —  The  police  court  has  in 
the  first  instance  exclusive  jurisdiction  to  try  and  determine  all. 
offenses  of  which  courts  of  special  sessions  have  or  shall  have 
exclusive  jurisdiction,  when  such  offenses  are  committed  within 
the  city,  and  exclusive  jurisdiction  to  try  and  determine  all  com- 
plaints and  charges  for  violations  of  city  ordinances,  and  has  the 
power  and  jurisdiction  now  or  hereafter  conferred  upon  courts 
of  special  sessions  by  section  fifty-six  of  the  code  of  criminal  pro- 
cedure; and  also  has  exclusive  jurisdiction  in  the  first  instance  to 
try  for  any  other  misdemeanor  committed  in  the  city  any  person 
who  is  brought  before  said  court  charged  with  such  offense. 

§  4G9.  Powers  and  jurisdiction  of  police  justice. —  The  police 
justice  possesses  all  the  powers  and  jurisdiction  as  a  magistrate, 
which  are  or  may  be  conferred  by  law  upon  justices  of  the  peace 
concerning  offenses  committed  within  the  city,  and  possesses  such 


162 

other  powers  and  must  perform  sucli  other  duties  as  are  now  or 
may  be  conferred  or  imposed  upon  him  bj  law. 

§  470.  Children's  court. —  All  cases  involving  the  commitment 
or  trial  of  children  actually  or  apparently  under  the  age  of  six- 
teen years  for  any  violation  of  law  or  ordinance,  before  the  police 
justice  or  police  court,  must  be  heard  and  determined  in  a  separate 
court  room  to  be  known  as  the  children's  court  room,  and  separate 
and  apart  from  the  trial  of  other  criminal  cases,  of  which  session 
a  separate  docket  and  record  must  be  kept.  Whenever  a  chiW  actu- 
ally or  apparently  under  the  age  of  sixteen  years  is  taken  into 
custody  in  the  city  of  Rochester,,  such  child  must  be  arraigned  in 
the  children's  court  room  and  must  not  knowingly  be  taken  to 
that  part  of  the  police  court  where  other  criminal  trials  are  had; 
and  if  through  inadvertence  any  child  is  brought  before  that  part 
of  the  police  court,  as  soon  as  the  age  of  such  child  is  discovered, 
the  hearing  of  the  case  must  be  transferred  to,  and  the  case  be 
heard  and  determined  in  the  children's  court  room. 

§  471.  Judicial  notice  of  ordinances —  The  police  court  and 
the  police  justice  must  take  judicial  notice  of  all  ordinances 
adopted  by  the  common  council  so  long  as  the  same  remain  in 
force  and  effect,  and  the  necessary  and  proper  ordinances  and 
amendments  must  be  made  a  part  of  any  return  or  record  to  be 
used  on  appeal. 

§  472.  Prosecutions  for  violation  of  ordinances. —  A  violation 
of  an  ordinance  of  the  common  council  is  not  a  crime,  but  the 
prosecution  therefor  is  a  criminal  proceeding  instituted  in  the 
name  of  the  city  of  Rochester.  Arrests  for  violations  of  ordi- 
nances may  be  made  as  is  now  or  may  hereafter  be  provided  by 
law  for  arrests  for  misdemeanor,  and  all  proceedings  shall  be  there- 
after had  as  is  now  or  may  hereafter  be  provided  by  law  for  prose- 
cutions for  misdemeanor,  and  upon  conviction  the  same  process 
must  be  issued  and  executed  as  upon  convictions  for  misdemeanor, 
and  appeals  therefrom  may  be  taken  in  the  same  manner  and  with 
the  same  effect  as  appeals  from  conviction  for  misdemeanor.  Xo 
costs  may  be  allowed  to  or  against  the  city  in  any  such  proceeding 


163 

or  appeal  therefrom.  The  provisions  of  the  code  of  criminal  pro- 
cedure relating  to  arrests,  bail,  confinement,  trial,  conviction  and 
commitments  for  misdemeanor,  and  appeals  from  convictions 
therefor,  and  all  other  provisions  thereof  relating  to  misdemeanors 
so  far  as  not  in  conflict  with  the  provisions  of  this  act,  apply  to 
arrests  for  violations  of  ordinances  of  the  common  council  and  to 
subsequent  proceedings  thereon. 

§  473.  Eemoval  of  cases  to  grand  jury. —  Any  charge  of  mis- 
demeanor pending  before  the  police  court  or  police  justice  may 
be  removed  to  a  court  sitting  vrith  the  grand  jury  by  the  same 
method  now  or  hereafter  provided  in  sections  fifty-seven  and 
fifty-eight  of  the  code  of  criminal  procedure,  but  a  complaint  or 
charge  for  a  violation  of  a  city  ordinance  must  not  be  removed. 

§  474.  Demand  for  jury  trial. —  A  defendant  upon  being 
arraigned  befcre  the  police  court  or  the  police  justice,  and  at  or 
before  the  time  for  interposing  a  plea,  may  demand  a  trial  by 
jury,  and  unless  so  demanded  a  trial  by  jury  is  waived. 

§  475.  Jury  trial.— AVheuever  a  trial  1)y  jury  is  duly  de- 
manded, the  police  justice  must  forthwith  draw  in  the  manner 
prescribed  by  law  such  number  of  names  as  he  deems  necessary 
to  attend  as  jurors  for  the  purpose  of  trying  the  issues  in  such 
case  at  a  time  to  which  the  case  has  been  adjourned  by  him,  nox 
more  than  eight  days  from  the  entering  of  the  plea  therein, 
unless  the  parties  consent  to  a  longer  adjournment,  which  con- 
sent must  \m  entered  in  the  minutes  of  the  court.  Thereafter, 
except  as  herein  otherwise  provided,  and  so  far  as  consistent  with 
this  act,  the  provisions  of  sections  twenty-nine  hundred  and 
ninety-three,  twenty-nine  hundred  and  ninety-four,  twenty-nine 
hundred  and  ninety-five,  twenty-nine  hundred  and  ninety-six, 
tAventy-nine  hundred  and  ninety-seven,  twenty-nine  hundred  and 
ninety-eight,  twenty-nine  hundred  and  ninety-nine,  three  thousand 
and  six,  three  thousand  and  seven,  three  thousand  and  eight,  and 
three  thousand  and  nine  of  the  code  of  civil  procedure  as  now  in 
fcrce  or  hereafter  amended,  govern  the  further  proceedings  in 
such  case.     The  police  justice  has  the  powers  and   duties  con- 


1G4 

ferred  and  imposed  upon  justices  of  the  peace  under  those  section3. 
The  venire  must  be  issued  to  a  police  officer,  who  thereupon  has 
all  the  powers  and  duties  of  constables  under  those  sections  of 
the  code  of  civil  procedure. 

^  470.  Power  to  sentence. —  The  ])oli('e  cfjurt  has  power  upon 
couvic'tion  for  misdemeanor  to  impose  a  sentence  of  imprisonment 
not  exceeding  one  year,  or  a  fine  not  exceeding  five  hundred 
dollars,  or  both  such  fine  and  imprisonment,  with  further  im- 
prisonment if  such  fine  is  not  paid  not  exceeding  one  day  for 
each  dollar  thereof  unpaid,  except  where  a  different  punishment 
is  by  law  prescribed  for  such  offense.  The  police  justice  and 
the  police  court  have  power  to  impose  or  suspend  sentence  or  to 
remijt  to  probation  pursuant  to  law, 

§  4^7.  Conimement  in  Monroe  county  penitentiary. — ^  Persons 
convif;ted  by  or  before  the  police  court  or  police  justice  of  any 
C':iir.e  or  upon  any  criminal  charge  or  in  any  criminal  proceeding 
and  sentenced  to  imprisonment  or  committed  for  failing  to  give 
Cae  required  security  to  keep  the  peace  or  for  good  behavior,  or 
for  any  other  purpose,  must  be  sentenced  to  imprisonment  in  o-- 
committed  to  the  Monroe  county  penitentiary,  in  all  cases  where 
i<  is  provided  by  law  that  the  sentence  of  imprisonment  or  thi; 
commitment  shall  be  to  a  county  jail,  and  in  all  cases  where  the 
place  of  confinement  is  not  specified. 

§  478.  Police  court  clerk  and  assistants. —  There  is  a  clerk 
3f  the  police  court,  who  is  a  confidential  appointee  of  the  police 
justice  and  who  holds  office  during  his  pleasure.  The  clerk  has 
power  to  take  informations  upon  which  warrants  for  the  arrest 
cf  persons  charged  with  the  commission  of  a  crime,  or  a  violation 
of  an  ordinance,  may  be  issued  by  the  police  justice;  to  issue  and 
sign  subpoenas;  to  administer  oaths  to  witnessf-s;  to  make  and  sign 
executions,  commitments  and  certificates  of  conviction,  and  to 
certify  to  and  sign  copies  thereof  for  the  execution  of  any  judg- 
ments rendered  by  the  police  court  or  police  justice;  and  he  hai 
power  to  receive  deposits  of  money  when  such  deposits  are  per- 
mitted bv  law  to  be  made  instead  of  bail  or  undertaking  for  ap- 


165 

pearance.  The  clerk  must  receive  all  penalties  and  other  moneys 
or  fees  and  pay  the  same  into  the  city  treasury  once  in  each  week, 
and  cause  monthly  an  itemized  account  of  the  same  to  be  published 
irw  the  official  papers.  The  police  justice  may  appoint  to  hold 
office  during  his  pleasure,  a  deputy  clerk,  who  has  the  same  powers 
as  the  clerk,  and  such  other  subordinates  as  the  board  of  estimate 
and  apportionment  may  prescribe. 

§  470.  Police  court  attendant. —  The  police  justice  may  ap- 
point to  hold  office  during  his  pleasure,  a  court  attendant,  who  is 
a  confidential  appointee  of  the  police  justice,  and  who  is  subject 
to  the  order  and  control  of  the  police  justice,  and  who  must 
perform  such  services  as  he  may  require. 

§  480.  Probation  oiRcers. —  The  police  justice  may  appoint 
from  time  to  time  to  serve  during  his  pleasure  and  without  compen- 
sation, such  number  of  probation  officers  as  he  may  deem  desirable. 

§  481.  Sale  of  unclaimed  articles — Upon  the  order  of  the 
police  justice,  it  is  the  duty  of  the  police  clerk  on  the  first  Mon- 
day of  i^ovember  in  each  year  to  deliver  to  the  commissioner  of 
public  safety  an  account  verified  by  his  oath  of  all  moneys,  goods, 
wares  and  merchandise  then  remaining  unclaimed  in  police  court 
in  the  possession  of  the  police  justice  or  the  clerk  of  the  court, 
and  to  immediately  thereafter  give  notice  by  publication  once  a 
week  for  three  successive  weeks  in  one  of  the  official  papers,  to  all 
persons  interested  in  or  claiming  such  property,  that  unless 
claimed  by  the  owner  with  satisfactory  proof  of  ownership,  befors 
a  specified  day,  the  same  will  be  sold  at  auction  to  the  highest 
bidder.  On  the  day  and  at  the  place  specified  in  such  notice,  all 
property  unclaimed,  except  money,  must  be  sold  at  auction  by  the 
clerk  or  under  his  direction.  If  any  goods,  wares,  merchandise 
or  chattels  of  a  perishable  nature,  or  which  are  expensive  to  keep, 
at  any  time  remain  unclaimed  in  police  court,  or  in  the  possession 
of  the  police  justice  or  the  clerk  of  the  court,  the  police  justice 
has  the  power  to  order  the  clerk  to  sell  the  same  at  public  auction 
at  such  time  and  after  such  notice  as  he  deems  proper.  The  clerk 
immediately  after  the  sale  of  any  property  in  accordance  here- 


lOG 

with,  must  pay  to  the  city  treasurer  all  unclaimed  moneys  re- 
maining in  his  hands  as  police  clerk,  and  all  moneys  received  by 
him  upon  sndi  sale  after  deducting  the  expenses  thereof. 

§  482.  Stolen  property. —  Wliciicvcr  iho  clerk  of  the  police 
court  obtains  possession  of  stolen  property,  it  is  his  duty  upon 
order  of  the  police  justice  and  upon  receipt  of  satisfactory  proof 
of  ownership,  to  deliver  such  property  to  the  owner  thereof  upon 
payment  of  all  necessary  and  reasonable  expenses  which  have  been 
incurred  for  the  preservation  and  sustenance  of  such  property. 

§  483.  Property  to  be  held  as  evidence. —  No  property  must 
be  sold  or  delivered  to  the  owner  if  the  district  attorney  of  jMon- 
roe  county  direct  that  it  remain  unsold  or  undelivered  for  the 
purpose  of  being  used  as  evidence  in  the  administration  of  justice. 

§  484.  Expense  of  punisliing  offenders  against  the  state  law. — 
The  expenses  of  apprehending,  examining  and  committing  per- 
sons violating  any  of  the  laws  of  the  state,  and  of  their  confine- 
ment, must  be  audited,  allowed  and  paid  by  the  supervisors  of 
the  county  of  Monroe  in  the  same  manner  as  if  such  expenses 
had  been  incurred  in  any  town  of  the  county,  to  be  assessed  on 
the  city. 

ARTICLE    XVII. 

Municipal  Couet. 

Section  495.  Municipal  court. 

496.  Judges  to  hold  court. 

497.  Jurisdiction. 

498.  Summary  proceedings. 

499.  Process. 

500.  Arrest,  attachment  and  replevin. 

501.  Pleadings. 

502.  Complaint. 

503.  Answer. 

504.  Question  of  title  to  real  property. 

505.  Demurrer. 

506.  Account  or  instrument  for  payment  of  money. 


167 

Section   507.  Bill  of  particulars. 

508.  Amendment  to  pleadings. 

509.  immaterial  variance  to  be  disregarded. 

510.  Joinder  of  issue. 

511.  Adjournment. 

512.  Commission. 

513.  Judicial  notice  of  ordinances. 

514.  Bastardy  proceedings.  * 

515.  Demand  for  jury  trial. 
510.  Drawing  jury. 

517.  Trial  by  jury. 

518.  Costs  and  fees. 

519.  Offer  of  judgment. 

520.  Confession  of  judgment. 

521.  Proceedings  on  default. 

522.  Opening  defaults. 

523.  Judgment  within  ten  days. 
521.  Transcript  of  judgment. 

525.  Power  to  punish  for  contempt. 

52G.  Clerks  and  stenographers. 

527.  Payment  and  account  of  fees. 

528.  Constables. 

529.  Provisions  of  code  generally  applicable. 

Section  195,  Municipal  court. —  The  court  of  civil  jurisdiction 
known  as  the  municipal  court  of  the  city  of  Rochester,  is  con- 
tinned. 

§  19G.  Judg-es  to  hold  court. —  The  municipal  court  is  held  by 
one  of  the  judges  thereof,  and  each  judge  may  hold  a  separate 
session  of  the  court  at  the  same  time.  The  court  must  hear,  try 
and  determine  all  causes  according  to  law  and  justice,  and  where 
an  issue  of  fact  has  been  joined,  if  a  jury  trial  is  not  had  ths 
judge  must  try  the  issue,  hear  the  proofs  and  allegations  of  the. 
])arlio!=,  and  render  judgment  according  to  law  and  justice. 

§  497.     Jurisdiction. — •  The    muuieiinil    court    has    jurisdiction 


108 

of  the  followiiiij^  civil  iiftioiis  and   ))roc'oo(liiigs  and  criminal  pro- 
ceedings : 

1.  All  civil  actions  and  proceedings  cognizable  1)\'  law  by  jns- 
tices  of  the  peace  or  jnstices'  conrts  as  set  forth  in  and  prescribed 
by  the  code  of  civil  procedure. 

2.  An  action  on  contract  express  or  implied,  including  an  action 
to  recover  damages  upon  or  for  breach  of  a  contract,  express  or 
implied,  other  than  a  promise  to  marry,  where  the  sum  claimed 
does  not  exceed  two  thousand  dollars,  exclusive  of  costs. 

3.  An  action  to  recover  the  balance  due  upon  an  account  where 
the.  sum  total  of  the  accounts  of  both  parties  to  the  action  proved 
to  the  satisfaction  of  the  court  does  not  exceed  two  thousand  dollars. 

4.  An  action  upon  a  judgment  for  a  sum  of  money  rendered 
in  a  court  of  record  or  not  of  record  of  the  state  of  New  York, 
including  an  order  of  a  court  or  judge  directing  the  payment  of 
a  sum  of  money,  where  the  sum  claimed  does  not  exceed  two 
thousand  dollars,  exclusive  of  costs.  The  right  to  bring  an  action 
upon  a  judgment  for  a  sum  of  money  rendered  in  a  court  of  record 
is  regulated  by  the  provisions  of  section  nineteen  hundred  and 
thirteen  of  the  code  of  civil  procedure.  An  action  cannot  be 
brought  in  the  municipal  court  upon  a  judgment  rendered  by  the 
municipal  court  for  a  sum* less  than  twenty-five  dollars,  exclusive 
of  costs,  until  three  years  have  elapsed  since  the  rendition  and 
docketing  of  the  judgment. 

5.  An  action  to  recover  damages  for  a  personal  injury  or  an 
injury  to  real  property  or  for  the  conversion  of  personal  property, 
where  the  sum  claimed  does  not  exceed  two  thousand  dollars,  ex- 
clusive of  costs. 

6.  An  action  for  a  penalty,  including  a  civil  action  for  a  pen- 
alty for  violation  of  an  ordinance  of  the  common  council  of  the 
city  of  Rochester,  where  the  sum  claimed  does  not  exceed  two 
thousand  dollars,  exclusive  of  costs. 

•  7.  An  action  upon  a  bond  conditioned  for  the  payment  of  money, 
where  the  sum  claimed  to  be  due  does  not  exceed  two  thousand 
dollars,  exclusive  of  costs,  though  the  penalty  exceed  that  sum; 


100 

llio  jii(la,iiicnt  to  be  given  fur  the  sum  actually  due.  VVberc  the 
sum  secured  to  be  paid  by  the  bond  is  to  be  paid  in  installments 
an  action  may  be  brought  for  each  installment  as  it  becomes  due. 

8.  An  action  on  a  surety  bond  or  undertaking  taken  by  any 
court  of  record  or  not  of  record  of  the  state  of  Kew  York,  or 
judge  or  justice  thereof,  where  the  sum  claimed  does  not  exceed 
two  thousand  dollars,  exclusive  of  costs.  The  right  to  bring  an 
action  upon  such  surety  bond  or  undertaking  is  subject  to  the 
regulations  and  conditions  prescribed  by  the  code  of  civil  proced- 
ure or  otherwise  by  law. 

9.  An  action  to  recover  damages  for  fraud  in  the  sale,  purchase 
or  exchange  of  real  or  personal  property,  where  the  sum  claimed 
does  not  exceed  two  thousand  dollars,  exclusive  of  costs. 

10.  An  action  to  recover  one  or  more  chattels,  with  or  without 
damages  for  the  taking,  withholding  or  detention  thereof,  where 
the  value  of  the  chattel  or  of  all  the  chattels  as  stated  in  the  affi- 
davit made  on  the  part  of  the  plaintiff,  or  in  the  complaint,  does 
not  exceed  two  thousand  dollars. 

11.  Proceedings  respecting  bastards  brought  by  or  instituted 
upon  the  application  of  the  overseer  of  the  poor  of  the  city. 

§  498.  Summary  proceedings. —  The  judges  of  the  municipal 
court  have,  and  each  of  them  has,  jurisdiction  in  summary  pro- 
ceedings to  recover  the  possession  of  real  property  under  title  tAvo 
of  chapter  seventeen  of  the  code  of  civil  procedure,  and  power  to 
issue  process  and  perform  all  other  necessary  functions  and  duties 
to  exercise  and  make  effective  such  jurisdiction;  and  the  provisions 
of  said  title  apply  to  a  summary  proceeding  commenced  before  a 
judge  of  the  municipal  court. 

§  499.  Process. —  All  process  issued,  by  the  court  or  a  judge 
thereof  must  be  made  returnable  before  the  court,  unless  otherwise 
provided  herein,  and  may  be  signed  by  a  judge,  clerk  or  deputy 
clerk  of  the  court,  and  may  be  executed  and  served  within  the  city 
of  Rochester  by  any  constable  of  the  city  or  by  the  sheriff  of  !Mon- 
roe  county  or  his  deputies;  except  that  a  subpoena  and  process  to 
enforce  obedience  thereto  may  be  served  within  the  county  of 


lYO 

Monroe.  A  suininons  issued  upon  a  verified  complaint  and  the 
verified  coin})laint  must  be  served  at  the  same  time  by  delivering 
to  and  leaving  with  the  defendant  personally  copies  thereof,  and 
may  be  served  by  any  person  of  full  age  not  a  party  to  the  action. 
The  proof  of  service  thereof,  if  served  by  a  constable  may  be  made 
by  his  certificate,  and  must  be  made  by  aifidavit  if  served  by  any 
other  person.  Affidavits  and  certificates  of  service  must  state  the 
time  and  place  of  service. 

g  500.     Arrest,  attachment  and  replevin The  Qourt  has  power 

to  grant  and  issue  orders  of  arrest,  warrants  of  attachment  and 
requisitions  in  replevin,  in  the  same  cases  and  in  the  same  man- 
ner as  specified  in  chapter  nineteen  of  the  code  of  civil  procedure, 
except  that  the  sum  claimed  may  be  two  thousand  dollars  or  under, 
exclusive  of  costs ;  and  the  provisions  of  that  chapter  apply  to  all 
proceedings  thereon  so  far  as  the  same  are  consistent  herewith. 

§501.     Pleadings — The  pleadings  are  : 

1.  Plaintiff's  complaint. 

2.  Defendant's  answer. 

3.  The  defendant's  demurrer  to  the  complaint  or  to  one  or  more 
distinct  causes  of  action  separately  stated  therein. 

4.  Plaintiff's  demurrer  to  one  or  more  counter-claims  stated  in 
the  answer. 

Pleadings  must  be  written,  unless  the  court  pennit  them  to  be 
oral ;  if  oral,  the  substance  thereof  must  be  entered  in  the  docket 
of  the  court;  if  in  writing,  they  must  be  filed  and  a  reference  to 
them  made  in  the  docket. 

§  502.     Complaint. —  The  complaint  must  contain: 

1.  The  names  of  all  the  parties  to  the  action,  plaintiff  and 
defendant. 

2.  A  clear,  precise  and  unequivocal  statement  of  the  facts  con- 
stituting each  cause  of  action. 

3.  A  demand  of  the  judgment  to  which  the  plaintiff  supposes 
himself  entitled. 

In  an  action  arising  on  contract  for  the  recovery  of  money  only, 
or  upon  account,  plaintiff  at  the  time  of  the  issuing  of  the  sum- 


171 

inoiis  may  file  with  the  clerk  of  the  court  a  written  complaint  sub- 
scribed, by  the  plaintiff  or  an  attorney  admitted  to  practice  as 
such  in  the  courts  of  the  state  of  iSTew  York,  and  verified  in  the 
manner  prescribed  by  the  code  of  civil  procedure  in  respect  to 
[)loadings  in  courts  of  record. 

^  50o.    Answer. —  The  answer  of  the  defendant  must  contain: 

1.  A  general  or  specific  denial  of  each  material  allegation  of 
the  complaint  controverted  by  the  defendant,  or  of  any  knowledge 
or  information  thereof  sufficient  to  forin  a  belief. 

2.  A  clear,  precise  and  unequivocal  statement  of  any  new  matter 
constituting  a  defense  or  counterclaim. 

An  answer  to  a  verified  complaint  must  be  in  writing  and  sub- 
scribed by  the  defendant  or  an  attorney  admitted  to  practice  a3 
such  in  the  courts  of  the  state  of  jSTew  York,  and  verified  in  the 
manner  prescribed  by  the  code  of  civil  procedure  in  respect  to 
pleadings  in  courts  of  record. 

§  504.  Question  of  title  to  real  property. —  The  court  has  not 
jurisdiction  in  an  action  in  which  the  title  to  real  property  come.s 
in  question;  and  the  provisions  of  chapter  nineteen  of  the  code  of 
civil  procedure  apply  to  actions  in  which  it  is  claimed  or  appears 
that  the  title  to  real  property  comes  in  question. 

§  505.  Demurrer. —  The  demurrer  to  the  complaint  or  to  one 
or  more  distinct  and  separate  causes  of  action  therein  may  be 
because  the  complaint  or  such  cause  of  action  is  not  sufficiently 
explicit  to  be  understood  or  where  the  facts  stated  therein  are 
not  sufficient  to  constitute  a  cause  of  action.  If  the  demurrer  is 
to  a  counterclaim,  it  may  be  because  the  counterclaim  is  not 
sufficiently  explicit  to  be  understood,  or  does  not  state  facts  suffi- 
cient to  constitute  a  counterclaim.  If  the  court  deems  the  de- 
murrer w^ell  founded,  it  must  permit  the  pleading  to  be  amended, 
and  if  the  party  fails  to  amend,  the  defective  pleading  or  part 
of  the  pleading  demurred  to  must  be  disregarded..  If  the  court 
deems  the  demurrer  not  well  founded,  it  must  permit  the  party 
making  it  to  plead  over  at  his  election. 

§   50().     Account   or  instrument  for  payment   of  money. —  For 


tlie  purpose  of  setting  forth  a  cause  of  action,  defense  or  counter- 
claim, founded  upon  an  account  or  upon  an  instrument  for  tlie 
payment  of  money  only,  it  is  sufficient  for  the  party  to  set  forth 
a  copy  of  the  account  or  instrument,  and  to  state  that  there  is 
due  to  him  thereon  from  the  adverse  party,  a  specified  sum.  which 
he  claims. 

§  507.  Bill  of  particulars. —  The  court  may  upon  the  request 
of  either  party,  made  when  issue  is  joined,  require  the  adverse 
party  to  file,  at  a  time  specified  by  the  court,  a  copy  of  his  ac- 
count or  a  bill  of  particulars  of  his  claim.  Upon  failure  to  do  so, 
the  court  may  preclude  him  from  giving  evidence  of  his  account 
or  of  the  part  or  parts  of  his  claim  of  which  particulars  have  not 
been  filed. 

§  508.  Amendment  to  pleadings. —  The  court  must  upon  appli- 
cation allow  a  pleading  to  be  amended  at  any  tijne  before  the  trial, 
or  during  the  trial,  if  substantial  justice  will  be  promoted 
thereby.  Where  a  party  amends  his  pleading  after  joinder  of 
issue  or  pleads  over  upon  the  decision  of  a  demurrer,  and  it 
is  made  to  appear  to  the  satisfaction  of  the  court,  by  oath, 
that  an  adjournment  is  necessary  to  the  adverse  party  in  conse- 
quence of  the  amendment  or  pleading  over,  an  adjournment  must 
be  granted.  The  court  may  also  in  its  discretion  require,  as  a 
condition  of  allowing  an  amendment,  the  payment  of  costs  to 
the  adverse  party. 

§  509.  Immaterial  variance  to  be  disregarded —  A  variance 
between  an  allegation  in  a  pleading  and  the  proof,  may  be  disre- 
garded as  immaterial,  unless  the  court  is  satisfied  tb.at  the  adverse 
party  has  been  misled  thereby  to  his  prejudice. 

§  510.  Joinder  of  issue. —  At  the  place  and  within  one  hour 
after  the  time  specified  in  the  summons  for  the  return  thereof, 
or  where  an  order  of  arrest  is  granted  and  executed,  within  twelve 
hours  after  the  defendant  is  brought  before  the  couit,  or  where  no 
summons  is  issued,  at  the  time  when  the  parties  voluntarily  appear 
to  join  issue,  the  pleadings  of  the  parties  must  be  made  and  issue 
must  be  joined,  unless  the  parties  other\vise  stipulate. 


173 

§  511.  Adjournment. —  At  tlie  time  of  the  ivtiini  of  the  snin- 
mons,  or  of  the  joinder  of  issue  without  process,  the  court  must 
upon  application  of  the  plaintiif  adjourn  the  trial  of  the  action 
not  more  than  eight  days ;  but  the  court  may  refuse  to  grant  such 
adjournment  unless  plaintiff  or  his  attorney,  if  requested  by  de- 
fendant, makes  oath  that  the  plaintiff  cannot,  for  want  of  some 
material  testimony  or  witness  specified  by  him,  safely  proceed  to 
trial.  At  the  time  of  the  joinder  of  issue  the  court  must  upon  the 
application  of  the  defendant  adjourn  the  trial  of  the  action  not 
more  than  eight  days,  upon  the  defendant  or  his  attorney  making 
oath  that  he  verily  believes  that  the  defendant  has  a  good  defense 
to  the  action  and  that  he  cannot  safely  proceed  to  trial  for  want  of 
some  material  testimony  or  witness  specified  by  him,  and  unless 
the  defendant  has  been  arrested  in  the  action,  or  the  action  is  to 
recover  a  chattel,  upon  the  defendant  giving  the  plaintiff  an  under- 
taking in  an  amount  fixed  by  the  court  not  exceeding  five  hundred 
dollars,  and  in  the  form  and  to  the  effect  prescribed  in  section  two 
thousand  nine  hundred  and  sixty-two  of  the  code  of  civil  procedure. 
The  court  may  in  its  discretion  from  time  to  time,  upon  its  own 
motion  or  that  of  either  of  the  parties,  adjourn  the  trial  of  the 
cause,  and  may,  as  a  condition  to  adjournment,  require  either 
party  to  give  such  security  as  it  deems  desirable,  or  may  impose 
costs  or  other  conditions.  The  power  to  gTant  adjournments  in 
summary  proceedings  to  recover  the  possession  of  real  property 
is  governed  by  the  provisions  of  the  code  of  civil  procedure  relat- 
ing to  such  proceedings. 

§  512.  Commission. —  The  Cdiirt  may  award  and  issue  a  com- 
mission to  take  the  testimony  of  a  material  witness  not  within 
the  county  of  Monroe,  as  and  in  the  manner  provided  in  article 
three  of  chapter  nineteen  of  the  code  of  civil  procedure ;  and  the 
provisions  thereof,  except  as  modified  by  this  act,  apply  to  the 
issuance,  execution,  return  and  effect  thereof. 

§  513.  Judicial  notice  of  ordinances. —  Tlie  municipal  court 
and  the  judges  thci-ecif  must  take  judicial  notice  of  all  ordinances 
adopted  by  the  conunon  council,  so  long  as  the  same  remain  in 


force  and  cffoet ;  and  tlie  necessary  and  proper  ordinances  and 
amoiidiiieiits  iimst  !)('  made  a  })art  of  any  return  or  record  to  be 
used  on  appeal. 

§  514.  Bastardy  proceedings. —  The  court  in  bastardy  proce(d- 
ings  and  at  any  stage  thereof,  except  during  the  final  examination 
and  determination,  may  be  held  by  one  of  the  judges,  and  the 
judges  may  alternate  in  such  prycefdintis  excrj)!  dui-inii-  the  final 
examination  and  determination,  when  court  must  be  held  by  both 
judges,  or  in  case  of  the  absence  or  inability  to  act,  by  reason 
of  being  occupied  with  other  official  duties,  or  other  cause,  of 
either  of  said  judges,  by  the  other  judge  and  the  police  justice 
of  said  city,  or  one  of  the  justices  of  the  peace  of  a  town  within 
the  county  of  Monroe.  In  case  of  any  adjournment  being  had  in 
said  proceedings,  and  the  defendant  failing  to  give  an  undertak- 
ing or  security  for  such  adjournment,  as  provided  by  section  eighr 
hundred  and  forty-nine  of  the  code  of  criminal  procedure,  he  must 
be  committed  to  the  county  jail  of  Monroe  county  during  sucli 
adjournment,  by  a  commitment  signed  by  the  judge  or  judges 
then  holding  court,  and  he  may  be  taken  therefrom  at  or  before 
said  adjourned  time  by  any  j^eace  officer  by  an  order  issued  by 
one  of  the  judges  directed  to  the  keeper  of  the  said  jail,  and  pro- 
duced before  the  court,  for  the  purposes  of  examination  or  fur- 
ther adjournment,  as  may  then  be  had.  Any  number  of  adjourn- 
ments may  be  had  in  said  proceedings,  and  the  same  may  be  had 
for  any  length  of  time.  The  undertaking  or  security  to  be  given 
upon  an  adjournment  must  be  signed  by  two  sufficient  sureties  and 
be  to  the  effect  that  the  defendant  will  appear  before  the  court 
at  the  adjourned  time  and  such  other  time  or  times  to  which 
adjournments  may  be  had  for  the  purposes  of  the  examination  and 
determination  .and  will  render  himself  amenable  to  any  process, 
order  or  commitment  that  may  be  issued  or  made  in  such  proceed- 
ings. In  case  the  defendant  be  adjudged  to  be  the  father  of  any 
bastard  child  or  children,  in  any  such  bastardy  proceedings,  and 
he  fail  to  pay  the  costs  and  give  an  undertaking  for  the  support 
of  such  child  or  children,  and  its  or  their  mother,  or-  said  dcfend- 

*  So  in  original. 


175 

ant's  appearance  at  the  next  term  of  county  court  of  ]\ronroe 
county,  as  provided  by  section  eight  hundred  and  fifty-one  of  the 
code  oi  criminal  procedure,  the  magistrates  composing  the  court, 
or  either  of  them,  must,  by  warrant,  commit  such  defendant  to 
the  Monroe  county  penitentiary,  there  to  remain  until  he  be  dis- 
charged by  the  said  county  court,  or  deliver  an  undertaking  for 
the  support  of  said  child  or  mother  as  aforesaid.  In  all  other 
i'espects  the  proceedings  to  be  had  or  taken  in  any  such  bastardy 
proceedings  instituted  in  said  court,  shall  couform  to  the  pro- 
visions of  the  code  of  criminal  procedure  relating  to  proceedings, 
respecting  bastards.  Every  warrant  or  commitment  must  com- 
mit the  defendant  to  the  Monroe  county  penitentiary,  where  it  is 
issued  by  any  judge  or  justice  aforesaid,  or  out  of  or  by  virtue  of 
the  order  or  judgment  of  the  county  court  of  Monroe  county,  upon 
any  appeal  taken  thereto  in  any  proceedings  respecting  bastards 
instituted  by  the  overseer  of  the  poor  of  the  city. 

§  515.  Demand  for  a  jury  trial. —  At  the  time  when  an  issue 
of  fact  is  joined  either  party  may  demand  a  trial  by  jury,  an:l 
unless  so  demanded  at  the  joining  of  issue  a  jury  trial  is  waived. 
At  the  same  time  either  party  may  demand  that  the  jury  be  com- 
posed of  twelve  members,  and  unless  so  demanded  it  must  consist 
of  six  members  unless  otherwise  stipulated  by  the  parties.  The 
party  demanding  a  trial  by  jury  must  thereupon  pay  to  the  clerk 
of  the  court  the  statutory  fees  for  the  attendance  of  each  person 
to  be  summoned  and  for  jurors  to  serve  upon  the  trial,  and  also 
the  fees  to  which  the  constable  is  entitled  for  notifying  the  per- 
sons to  be  drawn  as  jurors.  In  default  of  the  pajTnent  of  such 
fees  the  court  must  proceed  as  if  no  demand  for  a  trial  by  jury 
had  been  made.  But  if  the  party  demanding  the  jury  trial  de- 
mand a  jury  of  six  and  the  opposite  party  demand  a  jury  of 
twelve,  the  party  demanding  the  jury  of  twelve  must  pay  the  fee:) 
for  the  extra  persons  summoned  and  for  the  extra  jurors  and  tho 
constable's  fees  for  notifying  the  extra  persons.  In  default  of 
the  payment  of  such  fees  the  court  must  proceed  as  if  no  demand 
for  a  jury  of  twelve  had  been  made.  In  case  a  court  attendant 
Chap.  755  12 


170 

or  other  official  is  appointed  upon  whom  is  placed  the  duty  of 
notifying  persons  to  be  drawn  as  jurors,  the  common  council  may> 
by  ordinance,  determine  that  the  parties  to  an  action  or  proceed- 
ing shall  not  be  required  to  pay  the  fees  for  such  notifications. 

§  nin.  Drawing  jury. —  Wlioncvor  a  trial  by  jury  is  duly 
demanded,  the  judge  presiding  must  forthwith  draw  in  the  man- 
ner prescribed  by  law  such  number  of  names  as  he  deems  neces- 
sary to  attend  as  jurors  for  the  purpose  of  trying  the  issues  in 
such  case,  at  the  time  to  which  the  same  has  been  adjourned. 
The  number  so  drawn  must  not  exceed  fifteen  in  case  a  jury  trial 
of  six  is  demanded,  and  must  not  exceed  thirty  in  case  a  jury  of 
twelve  is  demanded,  unless  the  parties  otherwise  stipulate.  There- 
after, except  as  herein  otherwise  provided  and  so  far  as  consistent 
with  this  act,  the  provisions  of  title  five  of  chapter  nineteen  of 
the  code  of  civil  procedure  govern  the  further  proceedings  in  such 
ease. 

§  517.  Trial  by  jury. —  It  is  the  duty  of  the  court  in  a  trial 
by  jury  to  grant  a  non-suit,  to  charge  the  jury  as  to  the  law,  or  to 
direct  a  verdict,  and  its  powder  to  do  so  is  the  same  and  must  be 
exercised  in  the  same  manner  as  that  of  a  court  of  record  in  civil 
cases. 

§  518.     Costs  and  fees. — 

1.  The  prevailing  party  in  an  action  in  the  municipal  court  is 
entitled  to  the  following  sums  as  costs,  which  must  be  included  in 
the  judgment: 

To  the  plaintiff: 

The  amount  of  fees  and  disbursements  allowed  by  law,  and  also 
the  following  additional  sums: 

(a)  When  the  damages  recovered  do  not  amount  to  twenty-five 
dollars,  the  sum  of  two  dollars. 

(b)  When  the  damages  recovered  amount  to  twenty-five  dol- 
lars, and  do  not  amount  to  fifty  dollars,  the  sum  of  three  dollars. 

(c)  When  the  damages  recovered  amount  to  fifty  dollars,  an  J 
do  not  amount  to  one  hundred  dollars,  the  sum  of  five  dollars. 

(d)  When  the  damages  recovered  amount  to  one  hundred  dol- 


177 

lars,   and  do  not  amount  to  three  Inmdred  dollars,  the  sum  of 
seven  dollars. 

(e)  When  the  damages  recovered  amount  to  three  hundred 
dollars,  and  do  not  amount  to  five  hundred  dollars,  the  sum  of 
nine  dollars. 

(f)  When  the  damages  recovered  amount  to  five  hundred  dol- 
lars, and  do  not  amount  to  seven  hundred  dollars,  the  sum  of  ten 
dollars. 

(g)  AVhen  the  damages  recovered  amount  to  seven  hundred 
dollars,  or  over,  the  sum  of  fifteen  dollars. 

(h)  When  issue  has  been  joined  and  an  actual  trial  had  upon 
a  question  of  fact,  the  plaintiff  is  entitled,  in  addition  to  the 
sums  hereinbefore  s];jpcified,  to  the  following  amounts  as  trial 
costs:  When  the  damages  recovered  do  not  amount  to  two  hun- 
dred dollars,  the  sum  of  five  dollars;  when  the  damages  recovered 
amount  to  two  hundred  dollars  and  do  not  amftunt  to  four  hun- 
dred dollars,  the  sum  of  seven  dollars;  when  the  damages  re- 
covered amount  to  four  hundred  dollars  and  do  not  amount  to 
seven  hundred  dollars,  the  sum  of  ten  dollars ;  when  the  damage:? 
recovered  amount  to  seven  hundred  dollars  or  over,  the  sum  of 
fifteen  dollars. 

To  the  defendant: 

When  issue  has  been  joined  and  an  actual  trial  had  upon  a 
question  of  fact,  the  fees  and  disbursements  allowed  by  law,  and 
also  the  following  additional  sums  as  trial  costs: 

When  the  plaintiff  has  demanded  in  his  complaint,  or  sought 
to  obtain  upon  the  trial,  judgment  against  the  defendant  for  any 
amount  under  two  hundred  dollars,  the  sum  of  five  dollars ;  and 
when  two  hundred  dollars,  and  less  than  four  hundred  dollars,  the 
-sum  of  seven  dollars ;  and  when  four  hundred  dollars,  and  les3 
than  seven  hundred  dollars,  ten  dollars;  and  when  over  seven 
hundred  dollars,  fifteen  dollars. 

2.  When  a  judgment  of  nonsuit  is  rendered  in  an  action  be- 
cause the  plaintiff  discontinues  or  withdraws  the  action  or 
because  he  fails  to  appear  within  one  hour  after  the  summons  is 


178 

returnable  or  within  one  hour  after  the  time  to  which  the  trial 
has  been  adjourned,  if  the  defendant  has  duly  appeared  on  the 
return  day  and  on  the  adjourned  days,  if  any,  and  in  case  a 
verified  complaint  was  served,  has  filed  a  verified  answer,  the 
court  may  in  its  discretion  award  to  the  defendant  the  following 
sums  as  costs,  for  which  judgment  must  be  granted  in  addition  to 
the  fees  and  disbursements  allowed  by  law. 

If  it  appears  by  the  complaint  that  the  amount  claimed  by 
plaintiff  is  under  one  hundred  dollars,  or  if  no  complaint  has 
been  filed,  the  sum  of  three  dollars.  If  it  appears  by  the  com- 
plaint filed  by  plaintiff  that  the  amount  claimed  is  one  humlrcd 
dollars  or  over,  five  dollars. 

3,  The  prevailing  party  in  summary  proceedings  to  recover 
the  possession  of  real  property  is  entitled,  in  addition  to  other 
costs,  fees  and  disbursements  allowed  by  or  pursuant  to  law,  to 
the  sum  of  five  (pilars  trial  costs,  if  there  has  been  a  trial  of  an 
issue  of  fact  joined  therein. 

4.  The  trial  costs  prescribed  by  this  section  must  not  be  allowed 
tc  the  prevailing  party  unless  he  appears  in  the  action  or  v 
ceeding  by  an  attorney  admitted  to  practice  as  such  in  the  courts 
of -the   state   of   New   York   and   the   trial   is   conducted   by   an 
admitted  attorney  or  his  clerk. 

§  519.  Oifer  of  judgment. —  The  defendant  may  on  the  return 
of  process  and  before  answering,  make  an  offer  in  writing  t(i 
allow  judginent  to  be  taken  against  him  for  an  amount 
stated  in  such  offer  with  costs.  The  plaintiff  must  thereupon  and 
before  any  other  proceedings  are  had  in  the  action,  determine 
whether  he  will  accept  or  reject  such  offer.  If  he  accept  the 
offer,  the  acceptance  thereof  must  be  in  writing  and  the  clerk 
must  file  the  offer  and  the  acceptance  thereof,  and  judgment  mnst 
be  rendered  accordingly.  If  the  plaintiff  fail  to  accept  the  offer 
and  fail  to  obtain  judgment  for  a  greater  amount  exclusive  of 
costs,  than  was  specified  in  the  offer,  he  is  not  entitled  to  recover 
costs,  but  must  pay  to  the  defendant  his  costs  accruing  subsequent 
to  the  offer. 


179 

§  520.  Confession  of  judgment. —  The  luimicipal  court  has 
jurisdiction  to  render  judgment  upon  the  confession  of  a  defend- 
ant as  prescribed  in  title  six  of  chapter  nineteen  of  the  code  of 
civil  procedure,  where  the  sum  confessed  does  not  exceed  two 
thousand  dollars,  exclusive  of  costs ;  and  the  provisions  of  said 
title  apply  thereto. 

§  521.  Proceedings  on  default. —  ^Vhen  a  defendant  makes  de- 
fault in  appearing  or  pleading  upon  the  return  of  a  summons 
served  without  a  verified  complaint,  the  court  must  hear  the 
allegations  and  proof  of  the  plaintiff,  and  render  judgment  ac- 
cording to  law  and  justice.  When  a  verified  complaint  has  been 
served  with  the  summons,  if  the  defendant  fail  to  file  a  verified 
answer  thereto,  he  is  deemed  to  have  admitted  the  allegations  of 
the  complaint,  and  the  court,  upon  the  filing  of  the  summons  and 
complaint  with  proof  of  due  service  thereof,  must  forthwith  enter 
judgment  for  the  plaintiff  for  the  amount  demanded  in  the  com- 
plaint, with  costs  and  disbursements,  without  further  proof. 

§  522.  Opening  defaults. —  The  municipal  court  has  power  to 
open  defaults  and  set  aside  judgments  rendered  on  default  and 
entered  therein  and  executions  issued  thereon,  before  a  transcript 
thereof  has  been  filed  in  the  Monroe  county  <!lerk's  office,  and  the 
judges  thereof  have  power  to  vacate  orders  made  on  default  and 
all  process  issued  thereon  or  thereunder ;  on  such  terms  as  may 
be  just,  provided  it  is  shown  that  manifest  injustice  has  been  done 
and  the  defendant  satisfactorily  excuses  his  default ;  but  no 
greater  terms  must  be  imposed  than  the  payment  of  the  costs  in- 
cluded in  the  judgment  or  order  and  the  sum  of  seven  dollars 
costs  of  the  motion.  The  application  therefor  must  be  founded 
upon  affidavits,  and  must  be  made  within  twenty  days  from  the 
entry  of  judgment  or  order,  but  the  court  may  hear  evidence  con- 
cerning the  matters  specified  in  the  affidavit  upon  the  hearing  of 
the  motion.  Upon  presentation  of  such  application  the  municipal 
court  must  issue  an  order  under  the  hand  of  one  of  the  judges 
or  of  the  clerk,  returnable  in  not  less  than  five  nor  more  than 
eight  days,  requiring  the  plaintiff  to  show  cause  why  said  judg- 


1  80 

iiH  111  (.r  iii'dir  sIkuiM  iml  he  scl  ;isi(,|c.  A  <'<'|>v  <'t  lli''  nvlrv  aiil 
\ho  j)a])ci-s  upon  ^vhi(•h  it  is  f^nnitod  mnst  be  served  upon  the  plain- 
titr  or  his  attorney,  if  ho  lias  appeared  by  attorney,  not  less  than 
three  days  prior  to  the  return  thereof.  Pending  such  application 
and  the  determination  thereof,  the  court  may  stay  proceedings 
under  any  execution  or  process  which  has  been  issued.  When  a 
judgment  or  order  is  set  aside  the  action  or  proceeding  must  pro- 
ceed as  though  no  judgment  had  been  rendered.  In  such  a  case 
when  an  execution  has  been  issued  and  a  levy  made  thereunder, 
the  same  may,  in  the  discretion  of  the  court,  be  allowed  to  stand 
as  security  for  tlie  satisfaction  of  any  judgment  that  plaintiff 
may  finally  recover. 

§  52;i  Judgment  within  ten  days. —  Judgment  must  be  ren- 
dered by  the  court  and  entered  in  the  docket  thereof,  in  every  ac- 
tion or  proceeding  finally  submitted  to  the  court,  within  ten  days 
thereafter,  unless  otherwise  stipulated  by  the  parties. 

§  524.  Transcript  of  judgment. —  The  clerk,  on  the  application 
of  the  party  in  whose  favor  the  judgment  was  rendered,  and  pay- 
ment of  the  fees  therefor,  must  deliver  to  him  a  transcript  of  the 
judgment.  The  county  clerk  of  Monroe  county  must,  upon  pres- 
entation of  the  transcript  and  payment  of  the  fee  therefor,  if 
within  six  years  after  the  rendering  thereof,  endorse  thereupon 
the  date  of  its  receipt,  file  it  in  his  office,  and  docket  the  judgment 
as  of  the  time  of  the  receipt  of  the  transcript,  in  the  book  kept  by 
hirti  for  that  purpose.  Thenceforth  the  judgment  is  deemed  and 
becomes  a  judgment  of  the  county  court  of  Monroe  county  and 
must  be  enforced  accordingly,  except  that  an  execution  can  be 
issued  thereupon  only  by  the  county  clerk  as  prescribed  iu  the 
code  of  civil  procedure,  and  that  the  judgment  is  not  a  lien  upon 
and  cannot  be  enforced  against  real  property  unless  it  is  for 
twenty-five  dollars  or  more,  exclusive  of  costs. 

§  525.  Power  to  punish  for  contempt. —  The  judges  have  power 
to  punish  for  contempt  in  the  same  manner  and  to  the  same  ex- 
tent as  justices  of  the  peace  as  provided  in  title  one  of  chapter 
nineteen  of  the  code  of  civil  procedure. 


.    181 

§  520,  Clerks  and  stenographers. —  Tlic  judges  may  appoint  to 
hold  office  during  their  pleasure,  a  clerk,  two  deputy  clerks,  and 
such  other  subordinates  as  may  be  prescribed  by  the  board  of 
estimate  and  apportionment.  Each  of  the  deputy  clerks  must 
be  a  stenographer.  It  is  the  duty  of  the  clerk  to  keep  the  docket 
of  the  court,  of  all  proceedings  in  any  action  or  proceeding  brought 
in  the  court  or  before  a  judge  thereof,  and  to  enter  in  the  docket 
the  judgments,  orders  and  decisions  of  the  court  and  of  the  judges 
thereof;  and  the  docket  shall  be  evidence  in  the  courts  of  this 
state  to  the  same  extent  as  the  docket  of  a  justice  of  the  peace. 
It  is  the  duty  of  the  deputy  clerks  to  take  stenographic  minutes  of 
the  testimony  and  other  proceedings  in  all  cases  tried  before  the 
court  or  a  judge  thereof,  except  when  the  judge  presiding  directs 
otherwise.  They  must  transcribe  fully  and  at  length  the  minutes 
of  each  case  taken,  when  directed  by  the  court  or  judge,  and  file 
the  same  with  the  clerk,  who  must  cause  the  same  to  be  preserved 
with  the  other  papers  in  the  case.  The  stenographic  minutes 
taken  by  the  deputy  clerks  must  be  preserved  and  filed  in  the 
office  of  the  clerk  of  the  court,  and  they  must  furnish  to  any  one 
applying  therefor  a  transcript  of  such  minutes,  for  which  a 
charge  must  be  made  of  three  cents  for  each  folio  of  one  hundred 
words  contained  therein,  to  be  paid_into  court  for  tbe  benefit  of 
the  city.  It  is  also  the  duty  of  the  clerk  and  deputy  clerks  to 
make  and  file  in  the  Monroe  county  clerk's  office  all  returns  on 
appeal  in  cases  in  which  the  minutes  of  testimony  are  taken  by 
the  deputy  clerks ;  such  return  to  be  made  in  type  or  ordinary 
writing  and  certified  by  the  judge  who  tries  the  case.  It  is  also 
the  duty  of  the  clerk  in  the  absence  of  both  judges,  to  call  all 
cases  on  the  retuni  day  and  hour  and  note  appearances  and  de- 
faults, with  the  same  force  and  effect  as  if  done  by  the  judges 
or  either  of  them,  and  in  the  absence  of  both  judges  to  adjourn 
any  action  or  proceeding  for  a  period  of  not  more  than  five  days; 
which  duty  may  be  performed  by  either  of  the  deputy  clerks.  The 
judges,  clerk  and  deputy  clerks  have  power  to  administer  oaths 
and  take  acknowledgments  the  same  as  justices  of  the  peace  of 
towns. 


182 

§  527.  Payment  and  account  of  fees. —  There  must  be  jiaid  to 
the  clerk  of  the  court  the  same  fees  which  are  provided  by  law  to 
be  paid  to  justices  of  the  peace  or  into  justices'  courts,  and  in 
addition  thereto  the  following  amounts:  For  the  actual  trial  of 
an  issue  of  fact,  when-  the  amount  demanded  by  either  of  the 
parties  is  ov€r  one  hundred  dollars,  twenty-five  cents  for  each 
hundred  dollars  or  part  thereof  in  excess  of  one  hundred  dollars, 
to  be  paid  by  the  party  demanding  the  same;  for  the  entry  of 
judgment  by  default,  twenty-five  cents  for  each  hundred  dollars 
or  part  thereof  for  which  judgment  is  entered,  in  excess  of  one 
hundred  dollars;  two  dollars  for  issuing  an  order  to  show  cause 
why  a  judgment  or  order  rendered  or  made  upon  default  should 
not  be  vacated.  The  clerk  must  demand  and  receive  prepayment 
of  all  fees  for  process,  making  out  and  filing  bonds,  undertakings 
and  affidavits,  together  with  such  fees  for  trial,  judgment  and 
other  matters  as  are  allowed  by  law^  in  justices'  courts;  also  fees 
for  jurors  when  a  jury  trial  is  demanded,  and  in  addition  thereto 
such  other  fees  as  are  allowed  by  this  act ;  and  he  must  keep  an 
accurate  account  of  all  moneys  paid  into  court  or  received  by  him 
or  the  deputy  clerks,  and  a  daily  itemized  account  of  the  same, 
and  at  the  end  of  each  month  must  deposit  with  the  treasurer  of 
the  city  all  fees  and  moneys  received,  together  with  a  statement 
thereof  verified  by  him  to  be  a  true  and  correct  account  of  all  the 
moneys  paid  into  court  or  received  by  him  or  the  deputy  clerks 
during  the  period  covered  by  the  statement. 

§  528.  Constables. —  The  constables  elected  in  the  dift'erent 
wards  of  the  city  are  officers  of  the  municipal  court,  and  the 
judges  thereof  may  command  the  services  of  any  constable  of  the 
city  to  enforce  the  authority  of  the  municipal  court  and  to  main- 
tain peace  and  good  order  therein;  but  the  constables  are  not  com- 
pelled to  serve  or  execute  any  process  issued  by  the  police  justice 
or  the  municipal  court  in  execution  of  the  laws  of  the  state  for 
tlic  prevention  of  crime  and  the  punishment  of  criminal  offenders, 
cr  of  the  police  laws  and  regulations  of  the  state  or  of  the  city ;  nor 
is  the  county  of  Monroe  or  the  city  liable  to  pay  any  such  con- 


183 

stable  any  fees  for  serving  or  executing  such  process.  In  other 
respects  the  constables  eltcted  in  the  city  have  within  the  city  the 
same  authority  and  fees,  and  are  subject  to  the  same  duties  as  the 
constables  of  the  several  towns  of  the  county. 

§  529.  Provisions  of  code  generally  applicable The  provi- 
sions of  chapter  nineteen  and  title  five  of  cliapter  twenty  of  the 
code  of  civil  procedure,  excluding  section  three  thousand  sixty- 
three  of  chapter  nineteen,  excluding  article  three  of  title  eight  of 
clapter  nineteen,  and  excluding  titles  ten  and  eleven  of  chapter 
nineteen,  apply  to  the  municipal  court  and  the  judges  thereof, 
except  so  far  as  they  are  inconsistent  with  this  act. 

AKTICLE  XVIII. 

Mount  Hope  Commission. 

Section  540.  jMount  Hope  commission. 

541.  Powers  and  duties  of  Mount  Hope  commission. 

5.42.  Power  to  order  work  and  purchase  supplies. 

543.  Duties  of  superintendent  and  subordinates. 

544.  Deeds  of  Mount  Hope  cemetery  lots. 

545.  Repair  fund. 

546.  Perpetual  contract  fund. 

547.  Special  section  fund. 

548.  Power  to  hold  lots  in  trust. 

549.  Mount  Hope'cemetery  property  exempt  from  execu- 

tion. 

Section  540,     Mount  Hope  commission. —  The  Mount  Hope  com- 
mission is  composed  of  the  commissioners  of  ]\Iount  Hope,  and  it 
must  annually  elect  one  of  its  members  president  thereof,  and  . 
may  adopt  rules  for  the  transaction  of  its  business. 

§  541.  Powers  and  duties  of  Mount  Hope  commission. —  The 
^[ount  Hope  commission  has  power  to  appoint  a  superintendent 
and  such  other  subordinates  as  it  deems  proper,  and  to  fix  their 
compensation  and  regulate  their  duties.  It  has  the  control,  care, 
uninagcment  and  maintenance  of  Mount  Hope  cemetery  and  of 


184 

everything  in  and  upon  the  same,  and  the  fences  surrounding  the 
same.  It  must  cause  suitable  maps^  to  be  made  of  all  the  grounds, 
roads  and  lots  in  the  cemetery,  and  may  by  resolution  adopted  at 
a  meeting  thereof  divide  the  whole  or  any  part  of  the  lands  now 
or  hereafter  belonging  to  the  cemetery  into  such  definite  sections 
or  parts  as  deemed  desirable,  and  each  of  such  sections  or  parts 
must  have  a  name,  and  the  name  of  each  section  must  be  desig- 
nated, and  the  boundary  lines  thereof  described  in  the  resolution; 
and  the  resolution  together  with  the  date  of  its  passage  must  be 
recorded  in  a  book  kept  by  or  under  the  control  of  the  commission 
for  that  purpose,  and  subscribed  by  the  commissioners  or  a  ma- 
jority of  them,  and  a  copy  of  said  resolution  with  the  date  of  its 
passage,  duly  certified  by  the  commissioners  or  a  majority  of  them, 
must  be  immediately  filed  in  the  office  of  the  city  clerk,  and  must 
be  recorded  by  said  clerk  in  a  book  to  be  kept  by  him  for  that 
purpose ;  and  the  commission  may  regulate  the  sales  and  prices  of 
lots  and  interments  in  the  cemetery,  and  may  make  rules  and 
regulations  for  the  use  and  improvement  of  the  cemetery,  includ- 
ing all  of  the  buildings,  monuments,  tombstones  and  other  articles 
in  or  upon  the  same ;  but  in  no  case  may  it  charge  a  fee  to  visitors. 

§  542.     Power   to    order    work    and.   purchase    supplies The 

Mount  Hope  commission  has  power  to  cause  work  to  be  done  and 
to  purchase  supplies  and  materials  necessary  in  the  performance  of 
its  duties.  The  commission  is  prohibited  from  expending  any 
money  or  incurring  any  indebtedness  in  excess  of  its  receipts  and 
accumulation  of  receipts,  including  interest  on  permanent  fund« 
permitted  by  the  provisions  of  this  act  to  be  expended  by  the  com- 
mission. Any  expenditures  of  money  or  liability  incurred  in  vio- 
lation of  the  provisions  of  this  section  is  void  and  not  binding  upon 
the  city. 

§  543.  Duties  of  superintendent  and  subordinates. —  It  is  the 
duty  of  the  superintendent  and  of  all  other  subordinates  designated 
by  the  commission  to  enforce  the  rules  and  regulations  of  the 
Mount  Hope  commission,  and  ordinances  of  the  common  council 
relating  to  Mount  Hope  cemetery,  and  to  arrest  any  person  caught 


185 

in  the  act  of  violating  an  ordinance  of  the  common  council  relating 
to  Mount  Hope  cemetery, 

§  544.  Deeds  of  Mount  Hope  cemetery  lots. —  All  deeds  of  sec- 
tions, lots  and  burial  places  must  be  executed  by  the  mayor  and 
city  clerk,  and  countersigned  by  the  treasurer  and  recorded  in  the 
city  clerk's  office. 

§  545.  Repair  fund. —  The  Mount  Hope  cemetery  repair  fund 
is  continued  with  the  moneys  therein  contained,  and  a  sum  to  be 
determined  by  the  Mount  Hope  commission  not  less  than  ten  per 
centum  of  the  annual  gross  receipts  must  annually  be  paid  into  the 
repair  fund,  until  such  fund  amounts  to  the  sum  of  five  hundred 
thousand  dollars,  and  the  interest  thereof  must  be  applied  to  the 
repairing  of  roads,  lawns,  hill-sides,  monuments,  abandoned  lots 
and  public  grounds,  and  tlie  erection  of  new  buildings ;  and  such 
repair  fuud  must  never  be  diverted  from  such  purposes,  and  no 
part  thereof  expended  except  the  interest  received  thereon. 

§  546.  Perpetual  contract  fund. —  Any  person  may  pay  to  the 
treasurer  of  the  city  of  Rochester  to  the  credit  of  the  Mount  Hope 
perpetual  contract  fund,  a  sum  of  money  deemed  sufficient  by  said 
commission  for  the  purpose  of  keeping  in  order  any  lot  or  parcel 
of  land  in  the  cemetery,  and  the  treasurer  must  deliver  to  such  per- 
son a  certificate  signed  by  himself  and  by  a  majority  of  the  com- 
missioners of  ]\Iount  Hope  and  by  the  city  clerk,  and  to  which  the 
city  seal  must  be  attached,  stating  the  amount  deposited,  the  name 
of  the  person  making  the  deposit,  a  description  of  the  lot  for  which 
it  is  made,  "and  a  covenant  on  the  part  of  the  city  that  the  interest 
on  such  deposit  thereafter  from  time  to  time,  as  occasion  may  re- 
quire, will  be  expended  on  such  lot  for  the  purpose  of  keeping  the 
same  in  repair;  and  the  Mount  Hope  commission  and  the  city 
clerk  must  keep  a  record  of  such  certificates  issued ;  and  thereafter 
the  interest  obtained  on  such  sum  must  from  time  to  time,  as 
occasion  requires,  be  expended  under  the  direction  of  the  Mount 
Hope  commission  on  such  lot  or  parcel  of  land  for  the  purpose  of 
keeping  the  same  in  repair.  The  city  in  no  event  is  liable  to  repay 
tlie  principal  paid  into  the  Mount  Hope  perpetual  contract  fund. 


186 

§  547.  Special  section  fund. —  A  special  section  fund  may  be 
created  by  the  Mount  Hope  commission  for  the  care  of  lots  in 
sections  or  parts  of  the  cemetery  designated  by  the  Mount  Hope 
commission.  There  may  be  annnally  added  thereto  a  sum  deter- 
mined by  the  Mount  Hope  commission  not  exceeding  twenty  per 
centum  of  the  annual  g;i'oss  receipts  from  the  sales  of  the  lots  in 
such  definite  section  or  part  of  the  cemetery.  The  interest  on  the 
moneys  in  the  fund  must  be  used  for  the  care  of  the  surface  of 
the  lots  in  such  sectional  part  of  the  cemetery,  but  not  for  the 
erection  or  care  of  mounds  or  other  structures  above  the  general 
surface  of  the  ground.  A  deed  conveying  any  lot  or  portion  of 
the  cemetery  for  burial  purposes  included  in  the  part  or  section 
designated  by  the  Mount  Hope  commission,  must  contain  an  agree- 
ment on  the  part  of  the  city  that  the  part  of  the  special  section 
fund  applicable  thereto  will  be  applied  as  provided  in  this  section 
to  the  care  of  the  lands  described  in  the  deed. 

§  548.  Power  to  hold  lots  in  trust —  Any  owner  or  owners  of  a 
lot  of  part  of  a  lot  in  Mount  Hope  cemetery,  may  grant  or  devise 
the  same  to  the  Blount  Hope  commission,  subject  to  its  accept- 
ance thereof,  and  it  shall  thereafter  own  the  same  in  trust  to 
the  extent  and  in  the  manner  and  for  the  purpose  specified  in 
and  by  the  deed,  will  or  other  conveyance,  and  the  said  com- 
mission must  thereafter  permit  the  interment  of  only  such  per- 
son or  persons  or  class  of  persons  in  such  lot  or  part  of  a  lot 
as  may  be  designated  in  such  deed,  will  or  other  conveyance  or 
by  the  owner  or  owners  thereof  in  his  or  their  lifetime. 

§  549.  Mount  Hope  cemetery  property  exempt  from  execution. 
—  ]\[ount  Hope  cemetery,  and  all  sections,  lots  and  burial  places 
therein,  heretofore  or  hereafter  conveyed  as  places  for  the  burial 
of  the  dead,  are  exempt  from  levy  and  sale  on  execution,  and 
cannot  be  applied  to  the  payment  of  debts  by  an  assignment  under 
nnv  insolvent  law,  or  by  any  compulsory  process  of  law. 


187 


ARTICLE  XIX. 

Market  CoMMissioisr. 
Section  560.  Market  commission. 

561.  Powers  and  diUies  of  market  commission. 

562.  Market  privileges. 

563.  Market  revenues. 

Section  560,  Market  commission. —  The  market  commission  is 
composed  of  tlie  market  commissioners  and  the  city  engineer,  and 
it  must  annually  elect  one  of  its  members  president  thereof,  and 
may  adopt  rules  for  the  transaction  of  its  business. 

§  561.  Powers  and  duties  of  market  commission. —  The  market 
commission  has  jDOwer  to  appoint  to  hold  office  during  its  pleasure 
such  subordinate  as  may  be  prescribed  by  the  board  of  estimate 
and  apportionment.  It  has  the  control,  government  and  manage- 
ment of  the  public  market,  and  must  cause  all  moneys  and  revenues 
received  therefrom  to  be  dei^ositcd  daily  with  the  treasurer  of  the 
city,  and  must  make  a  monthly  report  to  the  common  council  of  the 
amount  of  business  done  at  the  market,  the  amount  of  all  revenues 
received,  the  source  thereof,  and  the  amount  paid  or  incurred  for 
salaries  and  other  exj^enses. 

§  562.  Market  privileges. —  The  market  commission  has  power 
to  lease  stands,  places  and  privileges  in  the  public  market.  Xo 
stand,  place  or  privilege  may  be  leased  for  a  longer  term  than 
one  month,  except  to  the  highest  bidder  therefor  after  public 
notice;  and  no  stand,  place  or  privilege  may  be  leased  for  more 
than  three  years.  The  amount  of  all  general  license  fees  and 
charges  for  market  stands,  places  and  privileges  must  be  fixed  by 
general  ordinance  of  the  common  council. 

§  563.  Market  revenues. —  The  revenues  or  receipts  of  the  mar- 
ket must  be  applied  as  follows:  first,  to  the  payment  of  interest 
upon  the  public  market  bonds ;  second,  the  remainder,  if  any,  to 
the  public  market  sinking  fund  as  a  part  of  the  annual  amount 
required  to  be  credited  to  that  fund ;  third,  the  remainder,  if  any, 


188 

to  the  maintenance  of  the  public  market,  as  far  as  may  be  neces- 
sary, and  subject  to  the  limitations  provided  by  this  act  as  to  ex- 
penditures of  money. 

ARTICLE  XX. 

Board  of  Midwife  Examiners. 
Section  574.  Board  of  midwife  examiners. 

575.  Examiners  and  certificates. 

576.  Powers  of  a  midwife. 

577.  Revoking  certificates.  • 

578.  Penalties. 

Section  574.  Board  of  midwife  examiners. —  The  l)oard  of 
midwife  examiners  consists  of  the  midwife  examiners  and  the 
health  officer,  and  it  must  annually  elect  one  of  its  members 
president  thereof,  and  may  adopt  rules  for  the  transaction  of  its 
business. 

§  575.  Examinations  and  certificates. —  The  board  must  meet 
on  the  first  Tuesday  of  April  and  October  in  each  year,  and  at 
such  other  times  as  it  may  appoint,  and  examine  all  candidates 
of  the  age  of  twenty-one  years  and  upwards  as  to  their  moral 
character  and  qualifications  to  practice  midwifery,  and  must 
issue  a  certificate  of  qualification  to  practice  midwifery  to  any 
person  so  examined  who  is  found  by  them  to  be  qualified,  upon 
such  person  paying  to  the  city  treasurer  the  sum  of  ten  dollars. 
A  duplicate  of  such  certificate  must  be  recorded  by  the  clerk  of 
the  city  of  Rochester  in  a  book  kept  for  that  purpose. 

§  576.  Powers  of  a  midwife. —  Any  person  who  has  received 
and  recorded  such  certificate  shall  thereupon  be  designated  a 
midwife,  and  authorized  and  entitled  within  the  city  of  Rochester 
to  practice  midwifery  in  cases  of  normal  labor,  and  in  no  others ; 
but  such  persons  must  not  in  any  cases  of  labor,  use  instruments 
of  any  kind,  nor  assist  labor  by  any  artificial,  forcible,  or 
mechanical  means,  nor  perform  version  nor  attempt  to  remove 
adherent  placentae,  nor  administer,  prescribe,  advise,  or  employ 
any  poisonous  or  dangerous  drug,  herb  or  medicine,  nor  attempt 


189 

the  treatment  of  disease  except  where  the  attendance  of  m 
physician  cannot  be  speedily  procured,  and  in  such  cases,  such 
persons  must  at  once  and  in  the  most  speedy  way  procure  the 
attendance  of  a  physician. 

§  577.  Revoking-  certificates. —  The  board  of  examiners  has 
power,  on  proper  cause  being  shown,  and  after  giving  a  hearing 
to  the  person  holding  their  certificate,  to  recommend  to  the  mayor 
of  the  city  of  Rochester  the  revocation  of  the  same,  and  the  mayor 
has  power  thereupon  to  revoke  such  certificate  and  license. 

§  578.  Penalties. —  Any  person  who  practices,  or  without  the 
attendance  of  a  physician  where  one  can  be  procured,  attends  a 
case  of  obstetrics  within  the  city  of  Rochester,  without  being 
duly  authorized  so  to  do  under  existing  laws  of  this  state,  or 
without  having  received  and  recorded  the  certificate  provided  by 
this  act,  and  any  person  who  violates  any  of  the  provisions  of  this 
act  is  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dol- 
lars, and  shall  forfeit  any  certificate  therefor  granted  under  the 
provisions  of  this  act. 

ARTICLE  XXI. 

Board  of  Examinees  of  Stationary  Engineers. 
Section  589.  Board  of  examiners  of  stationary  engineers. 
590.  Powers  and  duties  of  the  board. 

Section  589.  Board  of  examiners  of  stationary  engineers. — 
The  board  of  examiners  of  stationary  engineers  is  composed  of 
the  examiners  of  stationary  engineers,  and  must  annually  elect 
one  of  its  members  president  thereof,  and  may  adopt  rules  for 
the  transaction  of  its  business. 

§  590.  Powers  and  duties  of  the  board. —  The  board  must  meet 
at  least  twice  each  month  for  the  purpose  of  examining  applicants 
for  stationary  engineer's  licenses,  and  they  possess  such  other 
powers  and  must  perform  such  other  duties  as  may  be  directed  by 
ordinance  of  the  common  council. 


190 


AKTICLE  XXII. 

Municipal  Civil  Service  Commission. 
Section  601.  Municipal  civil  service  commission. 
G02.  Secretary. 
603.  Subordinates. 

Section  001.  Municipal  civil  service  commission The  munic- 
ipal civil  service  commission  is  constituted  as  may  be  prescribed 
by  law,  and  it  must  annually  elect  one  of  its  members  president 
thereof,  and  it  has  the  powers  and  must  perform  the  duties  which 
may  be  conferred  and  imposed  upon  it  by  or  pursuant  to  law. 

§  602.  Secretary. —  The  secretary  of  the  municipal  civil 
service  commission  is  appointed  by  the  mayor,  and  he  must  per- 
form such  duties  as  may  be  imposed  upon  him  by  the  commission 
or  by  law. 

§  603.  Subordinates. —  The  municipal  civil  service  commission 
has  power  to  appoint  such  subordinates  as  may  be  prescribed  by 
the  board  of  estimate  and  apportionment. 

ARTICLE  XXIII. 

SUPEKVISOES.    • 

Section  614.  Powers,  duties  and  compensation  of  supervisors. — 
The  supei  vi  jcrs  have  the  powers  and  are  under  the  duties  of  super- 
visors of  to^vns  under  the  laws  of  the  state,  so  far  as  they  are 
consistent  with  the  provisions  of  this  act.  Such  laws,  so  far  as 
they  are  applicable,  regulate  the  jjowers  and  duties  of  supervisors. 
The  supervisors  are  members  of  the  board  of  supervisors  of  the 
county  of  Monroe,  and  are  entitled  to  the  same  compensation,  to 
be  paid  in  the  same  manner. 

ARTICLE  XXIV. 

Miscellaneous  Pkovisions. 
Section  625.  Inhabitants  not  incompetent 

626.  Witnesses  not  to  be  excused  from  testifying. 


191 

Section    627.  ISTo  security  required  by  city. 

628.  Officers  to  hold  during  term. 

629.  Civil  service  employees  to  continue. 

630.  Ordinances  to  remain  in  force. 

631.  Territory  annexed. 

632.  Claims  for  damages;  place  of  trial  of  actions  and 

proceedings. 

633.  Definition  of  words. 

634.  Construction. 

635.  Certain  acts  not  to  apply. 

636.  Laws  now  applicable. 

637.  Effect  of  repeal. 

638.  Acts  repealed. 

639.  When  to  take  effect. 

Section  625.  Inhabitants  not  incompetent. —  Upon  the  trial  of 
any  issue  or  the  prosecution  of  any  proceeding,  or  upon  the  taking 
or  making  of  any  inquisition,  appraisal  or  award,  or  upon  the 
judicial  investigation  of  any  facts  whatever,  or  in  any  action  or 
proceeding  in  any  court  or  before  any  judge,  to  which  issue,  pro- 
ceedings, inquest,  investigation,  award  or  action  the  city  or  its 
departments,  boards  or  officers  is  a  party,  or  in  any  way  interested, 
no  person  is  deemed  incompetent  as  a  judge,  referee,  commis- 
sioner, appraiser,  arbitrator,  witness  or  juror  by  reason  of  his 
being  an  inhabitant,  freeholder  or  taxpayer  of  the  city. 

§  626.    Witnesses    not    to    be    excused    from    testifying Xo 

witness  shall  be  excused  from  testifying  in  any  criminal  pro- 
ceeding Or  in  any  investigation  or  inquiry  before  the  common 
council  or  any  committee  thereof,  or  before  any  officer  conducting 
an  investigation,  touching  the  knowledge  of  such  witness  as  to 
any  offense  committed  in  violation  of  the  provisions  of  this  act 
or  an  ordinance  of  the  common  council ;  but  such  testimony  must 
not  be  used  against  such  witness  in  any  criminal  prosecution  or 
proceeding  whatever.   ' 

§  627.  No  security  required  by  city —  No  bond,  undertaking 
Chap.   755  13 


192 

or  security  is  necessary  to  be  delivered  or  filed  by  the  city  or  any 
of  its  officers,  boards  or  departments,  in  any  action,  suit  or  pro- 
teeding  in  or  before  any  court,  judge  or  justice  of  the  state,  on 
'appeals,  adjournments  or  other  matters  in  which  security  is 
required,  unless  otherwise  specifically  required  by  this  act. 

§  628.  Officers  to  hold  during  term. —  All  officers  elected  or 
appointed  for  a  definite  term  continue  in  office  for  the  term  for 
which  they  were  elected  or  appointed,  under  the  powers,  provi- 
sions and  restrictions  of  this  act. 

§  629.  Civil  service  employees  to  continue. — All  employees 
holding  positions  under  or  subject  to  civil  service  examination 
are  continued  in  their  respective  positions  under  the  powers,  pro- 
visions and  restrictions  of  this  act,  until  removed  according  to  law. 

§  630.  Ordinances  to  remain  in  force. —  All  ordinances  of  the 
common  council  not  inconsistent  with  the  provisions  of  this  act 
remain  in  force  and  are  not  deemed  repealed  by  the  enactment 
hereof.    ' 

§  G31.  Territory  annexed — The  territory  Avhich  by  this  act 
is  taken  from  the  town  of  Irondequoit  and  annexed  to  the  city  of 
Rochester  as  a  part  of  the  twenty-second  ward  thereof,  remains 
in  the  first  assembly  district  of  Monroe  county,  until  the  same  is 
changed  according  to  law;  and  the  common  council  must  make 
provision  for  the  voting  of  the  electors  of  such  territory. 

§  632.  Claims  for, damages;  place  of  trial  of  actions  and  pro- 
ceedings.—  All  claims  against  the  city  for  damages  or  injuries 
to  person  or  property,  invasions  of  personal  or  property  rights  of 
every  name  and  nature  whatsoever,  whether  casual  or  continuing, 
continuing  and  continuous  trespasses,  continuing  and  continuous 
invasions  of  property,  continuing  and  continuous  invasions  of  prop- 
erty rights,  and  all  other  claims  for  damages  or  injuries  to  per- 
sons or  property,  arising  at  law  or  in  equity,  and  enforceable  or 
sought  to  be  enforced  at  law  or  in  equity,  alleged  to  have  been 
caused  or  sustained  in  whole  or  in  part  by  or  because  of  any 
misfeasance,  nonfeasance,  negligence,  omission  of  duty,  wrongful 
act,  fault  or  neglect  on  the  part  of  the  city  or  any  of  its  agents, 


193 

officers  or  employees,  must  be  presented  to  the  common  council 
and  the  corporation  counsel,  in  writing,  within  thirty  days  after 
such  damages,  or  injuries  to  persons  or  property  were  sustained. 
Such  \\Titing  must  state  the  time  when,  the  place  where  and  the 
circumstances  under  which  the  damages  or  injuries  were  sustained 
and  the  particular  cause  thereof;  it  must  also  state  so  far  as  it  is 
then  practicable,  the  nature  and  extent  of  the  damages  or  in- 
juries; it  must  also  state  the  place  of  residence  of  the  claimant  by 
street  and  number,  and  if  there  be  no  street  or  number,  it  must 
cpntain  such  statement  as  will  disclose  the  place  of  residence;  and 
all  such  claims  must  be  verified  by  the  oath  of  the  claimants ;  and 
if  it  is  intended  to  commence  an  action  on  such  claim,  notice  of 
such  intention,  containing  the  amount  demanded  and  the  time  and 
place  of  the  damages  or  injuries  must  also  be  served  on  the  cor- 
poration counsel  within  six  months  after  such  damages  or  injuries 
were  sustained.  ISTo  action  may  be  maintained  for  damages  or 
injuries  to  p£rsons  or  property  caused  or  sustained  as  aforesaid 
unless  the  claim  therefor  is  presented  to  the  common  council  and 
corporation  counsel  within  thirty  days  and  notice  of  intention  is 
served  upon  the  corporation  counsel  within  six  months,  and  the  ac- 
tion is  commenced  within  one  year  after  such  damages  or  injuries 
were  sustained,  but  no  such  action  may  be  brought  until  three 
months  have  elapsed  after  the  presentation  of  the  claim  to  the  com- 
mon council  and  the  corporation  counsel.  This  section  applies  to 
claims  of  infants  and  all  other  persons.  The  place  of  trial  of  all 
actions  or  proceedings  against  the  city  or  its  boards  or  officers,  shall 
be  in  the  county  of  Monroe. 

§  633.  Definition  of  words. —  The  word  "  his  "  as  used  in  this 
act  shall,  in  all  proper  cases,  be  held  to  include  and  be  coexten- 
sive with  the  words  "  her,"  "  it  "  and  "  their ;  "  the  word  "  per- 
son "  shall  be  held  to  include  and  be  coextensive  with  the  words 
"  persons,"  "  company,"  "  joint  stock  association  "  and  "  corpora- 
tion." The  word  "  street "  shall  be  held  to  include  and  be 
coextensive  with  "  roads,"  "  avenues,"  "  highways  "  and  "  alleys ;" 
the  word  ''  work  "  shall  be  held  to  include  and  be  coextensive  with 


104 

"  improvements  "  and  "  repairs ;  "  the  word  "  materials  "  shall 
be  held  to  include  and  be  coextensive  with  "  supplies,"  "  sta- 
tionery," "  books,"  "  furniture  "  and  "  repairs  to  furniture ;  " 
the  word  "  tax  "  shall  in  all  proper  cases  be  hold  to  include  and 
be  coextensive  with  "  water  rents  or  rates,"  "  assessments  or 
reassessments  for  local  improvements ; "  the  word  "  board  "  shall  be 
held  to  include  and  be  coextensive  with  "  commission,"  and  the 
singular  noun  shall  be  held  to  include  and  be  coextensive  with  the 
plural.  A  reference  to  the  code  of  civil  procedure,  to  the  code  of 
criminal  procedure,  to  any  statute,  to  the  rules  of  practice,  or  any 
sections  or  parts  thereof,  shall  be  held  to  refer  to  such  code  of 
civil  procedure,  code  of  criminal  procedure,  statutes  and  rules  of 
practice  as  the  same  now  exist  or  as  they  may  from  time  to  time 
hereafter  be  amended.  The  expressions  "  according  to  law," 
"pursuant  to  law,"  and  "by  law,"  and  any  reference  to  law  shall 
be  held  to  refer  to  the  law  as  now  existing  or  as  hereafter  from 
time  to  time  amended  or  changed. 

§  634.  Construction. —  The  provisions  of  this  act,  so  far  as 
they  are  substantially  the  same,  or  cover  the  same  subject  matter, 
as  those  of  any  law  repealed  hereby,  shall  be  construed  as  a  con- 
tinuance of  such  repealed  law,  modified  or  amended,  according  to 
the  language  employed  herein  and  not  as  new  enactments. 
References  in  a  law  not  repealed  to  the  provisions  of  any  law 
incorporated  into  this  act,  shall  be  construed  as  applying  to  the 
provisions  so  incorporated,  i^othing  contained  in  this  act  shall 
be  construed  as  relieving  a  street  surface  railway  corporation, 
or  any  other  corporation,  from  its  obligations,  liabilities,  duties 
or  agreements  under  existing  contracts,  ordinances  or  laws.  The 
meaning  and  effect  of  the  terms  and  language  used  herein  shall  be 
construed  in  accordance  with  the  provisions  of  the  statutory  con- 
struction law.  This  act  is  intended  to  be  and  shall  be  deemed  and 
held  in  all  courts  to  be  a  public  act  of  which  the  court  shall  take 
judicial  notice,  and  shall  be  liberally  construed  so  as  to  carry  into 
effect  the  objects  and  purposes  thereof. 

§  035.     Certain  acts  not  to  apply. —  The  provisions  of  chapter 


195 

three  hundred  thirty-nine  of  the  laws  of  eighteen  hundred  and 
eighty-three,  relating  to  pawnbrokers;  the  provisions  of  chapter 
six  hundred  eighty-five  of  the  laws  of  eighteen  hundred  and  ninety- 
two,  known  as  the  general  municipal  law,  except  sections  two 
and  twenty-one  thereof;  the  provisions  of  chapter  four  hundred 
forty-eight  of  the  laws  of  eighteen  hundred  and  ninety-six,  relating 
to  licensing  of  dogs;  the  provisions  of  chapter  three  hundred 
thirty-four  of  the  laws  of  nineteen  hundred  and  one,  known  as  the 
tenement  house  act ;  the  provisions  of  chapter  four  hundred  thirty- 
two  of  tlie  laws  of  nineteen  hundred  and  four  as  amended  by  chap- 
ter tliree  hundred  twenty-seven  of  the  laws  of  nineteen  hundred 
and  six,  relating  to  employment  agencies ;  and  all  acts  amendatory 
thereof  and  supplementary  thereto,  do  not  apply  to  the  city  of 
Rochester. 

§  036.  Laws  not  applicable. —  While  the  city  remains  a  city 
of  the  second  class  it  shall  be  governed  by  and  be  subject  to  the 
laws  applying  to  cities  of  the  second  class,  the  laws  now  applying 
to  the  city  of  Rochester  even  though  specifically  repealed  herein, 
and  the  provisions  of  this  act  which  by  the  terms  thereof  are  to 
lake  effect  before  the  first  day  of  January,  nineteen  hundred  and 
eight. 

§  637.  Effect  of  repeal. —  The  repeal  of  a  law,  or  any  part  of  it, 
by  the  provisions  of  this  act,  shall  not  affect  or  impair  any  act 
done  or  right  accruing,  accrued  or  acquired,  or  penalty,  forfeiture 
or  punishment,  or  any  bar,  limitation  or  defense  incurred  prior 
to  the  time  when  this  act  takes  effect,  under  or  by  virtue  of  the 
law  so  repealed,  but  the  same  may  be  asserted,  enforced,  prosecuted 
or  inflicted  as  fully  and  to  the  same  extent  as  if  such  law  had  not 
been  repealed,  except  as  to  bars,  limitations  and  defenses  which  it 
is  specifically  provided  herein  may  not  be  asserted  or  enforced 
against  the  city,  its  boards  or  ofiicers;  and  all  actions  or  proceed- 
ings, civil  or  criminal,  commenced  under  or  by  virtue  of  any  law 
so  repealed  and  pending  when  this  act  takes  effect,  may  be  prose- 
cuted and  defended  to  final  effect  in  the  same  manner  as  they  might 
under  any  such  law  so  repealed,  unless  it  be  otherwise  specifically 


196 

provided  herein.  Any  limitation  or  bar  imposed  by  any  act  re- 
pealed hereby,  shall  be  computed  from  the  time  the  same  began  to 
run,  and  if  the  whole  time  thereof  has  been  completed  when  this 
act  takes  effect,  such  bar  or  limitation  shall  become  absolute,  except 
as  to  bars,  limitations  and  defenses  which  it  is  specifically  pro- 
vided herein  may  not  be  asserted  or  enforced  against  the  city,  its 
boards  or  officers ;  but  if  the  whole  time  thereof  has  not  been  com- 
pleted, the  time  thereof  which  has  rim  before  the  taking  effect  of 
this  act  shall  be  computed  as  a  part  of  the  time  provided  by  this  act 
as  such  limitation  or  bar.  The  repeal  hereby  of  a  law  or  part 
thereof,  does  not  revive  a  law  repealed  by  the  law  or  part  thereof 
hereby  repealed,  and  incln.des  all  laws  amendatory  of  the  laws 
hereby  repealed. 

§  638.  Acts  repealed. — ■  All  acts  and  parts  of  acts  inconsistent 
herewith  are  repealed  so  far  as  they  affect  the  city  of  Rochester, 
and  the  acts  enumerated  in  the  schedule  annexed,  are"  repealed. 
•  §  639.  "When  to  take  effect. —  The  common  council  has  power  on 
and  after  September  first,  nineteen  hundred  and  seven,  to  pass 
any  ordinance  authorized  by  this  act,  and  to  cause  the  same  to  be 
published,  if  necessary ;  which  ordinances  shall  take  effect  on  Janu- 
ary first,  nineteen  hundred  and  eight.  Section  three,  section  four- 
teen, section  sixteen,  section  seventeen,  section  thirty-two,  section 
two  hundred  eight,  section  two  hundred  fifty-nine,  section  two 
hundred  sixty-five,  section  six  hundred  twenty-eight  and  section 
six  hundred  thirty-one  of  this  act  take  effect  immediately.  The 
remainder  of  this  act  shall  take  effect  on  the  first  day  of  January, 
nineteen  hundred  and  eight. 

SCHEDULE  OF  LAWS  REPEALED. 

Laws  of  Chapter 

1834 199 

1835.. 148 

1835 243 

1835 .■ 297 

1836 158 


197 

Laws   of  Chapter 

1837 361 

1838 199 

1838 274 

1839 190 

]840 27 

1840 243 

1840 336 

1840 373 

1841 .'..  208 

1842 35 

1842 208 

1842 282 

1843 76 

1844 69 

1844 , 140 

1844 145 

1846 198 

1847 276 

1847... 304 

1848 42 

1848 85 

1848 150 

1848 174 

1848 183 

1849 62 

1849 303 

1849 367 

1849 56Q 

1850 32 

1850 262 

1851 389 

1851 495 

1852 218 

1852 241 


198 

Laws   of  Chapter 

1852 306  ^ 

1852 344 

1852 356 

1853 16 

1853 188 

1853 240 

1853 332 

1853 582 

1854 208 

1854 248 

1855 77 

1855 278 

1855 457 

1855 568 

1856 137 

1857 62 

1857 289 

1860 430 

1861 143 

1861 244 

1862 58 

1862 132 

1863 121 

18S3 140 

1863 169 

1863 ^215 

1863 470 

1864 64 

1864 282 

1865 181 

1865 240 

1865 268 

1865 297 

1865 553 


199 

Laws   of  Chapter 

1865 639 

1866 212 

1866 638 

3866 699 

1867 59 

1867 130 

1867 155 

1867 435 

1867 592 

1868 207 

1868 218 

1868 276 

1868 393 

1868 738 

1869 255 

1869 267 

1869 287 

1869 332 

1870 324 

1870 699 

1870 718 

1871 203 

1871 229 

1871 318 

1871 370 

1871 476 

1871 557 

1872 166 

1872 183 

1872 185 

1872 198 

1872 199 

1872 202 

1872 219 


200 

Laws   of  Chapter 

1872 387 

1872 463 

1872 490 

1872 602 

1872 770 

1872 771 

1873 255 

1873 522 

1873 572 

1873 689 

1873 700 

1873 754 

1873 790 

1874 29 

1874 30 

1874 47 

1874 " 120 

1874 157 

1874 248 

1874 339 

1874 482 

1874 541 

1874 649 

1875 17 

1875 21 

1875 33 

1875 39 

1875 45 

1875 70 

1875 78 

1875 155 

1875 174 

1875 561 

1875 563 


201 

Laws    of  Cbaptft 

1875 593 

1876. ' 37 

1876.. 85 

1876 86 

1876 196 

1876 377 

1877 192 

1877 213 

1877 416 

1877 464 

1878 14 

1878 415 

1879 6 

1879, 63 

1879 190 

1879 230 

1879.. 233 

1879 537 

1880 14 

1880 70 

1880.. 96 

1880 147 

1880 335 

1881.... 29 

1881 72 

1881 .121 

1881 343 

1881 601 

1882 69 

1882 120 

1882 234 

1883 351 

1884 67 

1884 213 


202 

I.aws   of  Chapter 

1884 302 

1885 :..  27 

1885 51 

1885 168 

1886 8 

1886 190 

1886 402 

1886 492 

1887 33 

1887 35 

1887 94 

1887 303 

1887 384 

1887 614 

1888 43 

1888 86 

1888 165 

1888 185 

1888 193 

1888 198 

1888 363 

1888 403 

1889 22 

1889 409 

1889 410 

1890 101 

1890 344 

1890 347 

1890 561 

1891 184 

1891 274 

1891 317 

1891 318 


203 

Laws   or  Chapter 

1892 7 

1892 74 

1892 190 

1892 358 

1892 507 

1892 519 

1892. 596 

1892 701 

1893 29 

1893 204 

1893 228 

1893 594 

1893 61G 

1894 4  • 

1894 15 

1894 28 

1894 124 

1894 386 

1894 393 

1894 394 

1894 419 

1894 519 

1894 , 520 

1894 524 

1894 542 

1895 G04 

1895 617 

1895 708 

1895 837 

1895 842 

1895 958 

1895 1018 

1896 413 


204 

Laws   of  Cbapter 

1896 511 

1896 696 

1896 698 

1896 706 

1896 ■ 707 

1896 777 

1897 181 

1897 424 

1897 436 

1897 583 

1897 743 

1897 744 

1897 : 745 

1897 746 

1897 784 

1898 38 

1898 63 

1898 568 

1898 569 

1898 570 

1898 585 

1898 586 

1898 660 

1899 139 

1899 366 

1899 373 

1899 392 

1899 393 

1899 : 394 

1899 64Q 

1900 119 

1900 272 

1900 309 


205 

Laws  of  Chapter 

1900 484 

1900.. 528 

1900 535 

1901 106 

1901 107 

1901.. 114 

1901 200 

1901 249 

1901 433 

1901 55Y 

1901 572 

1901 574 

1901 581 

1901 719 

1901 721 

1901 727 

1902 187 

1902 531 

1902 535 

1902 540 

1902 556 

1903 58 

1903 59 

1903 110 

1903 117 

1903 297 

1903 354 

1903 381 

1903 382 

1903 394 

1903 522 

1903 553 

1903 607 


20G 

Laws  of  Chapter 

1904 28 

1904 245 

1904 371 

1904 412 

1905 117 

1905 118 

1905 134 

1905 191 

1905 223 

1905 233 

1905 540 

1905 541 

1905 542 

1905.. 543 

1905 608 

1905 686 

1906 63 

1906 281 

1906 283 

1906 317 

1906 430 

1906 549 

1906 589 

1906 591 

1906 593 

1906 660 


State  of  New  York,     , 


J 


O&oi  of  the  Secretary  of  State. 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this 
office,  and  do  hereby  certify  that  the  same  is  a  correct  transcript  there- 
from  and   of  the  whole   of   said  original   law. 

JOHN  S.  \YHALEN, 

Secretary  of  State. 


INDEX 


INDEX 

(References  are  to  pages) 

ACCOUNT: 

Set  forth  in  action  in  municipal  court 171 

ACTION: 

Attacking  sale  under  tax  foreclosure  limited  to  one  year 153 

By  city  upon  local  assessment 86 

By  laborer  on  bond 98 

City  may  maintain,  to  restrain  violation  of  ordinances 64 

Corporation  counsel  must  appear  for  city  or  its  officers 146 

Foreclosure  of  tax  liens   149.150 

For  damages  caused  by    change  of    grade,  or    discontinuance  of 

street,  may  not  be  maintained  unless  claim  is  presented 62 

For  injuries  to  person  or  property  may  not  be  maintained  after 

lapse  of  one  year 193 

For  injuries  to  person  or  property  may  not  be  maintained  until 

three  months  after  presentation  of  claim 193 

For  injuries  to  person  or  property  may  not  be  maintained  without 

claim   193 

For  injuries  to  person  or  property  may  not  be  maintained  without 

notice  of  intention 193 

For  violation  of  penal  ordinance 54,168 

Inhabitants  not  incompetent  when  city  interested  in 191 

Jurisdiction  of  municipal  court  in 167 

May  not  be  maintained  for  injury  caused  b}^  snow  or  ice.  without 

written  notice 103 

No  security  required  by  city 191 

Place  of  trial  of,  against  city 193 

Power  of  citj^  to  commence  and  defend 1 

Right  of  city  to  recover  expense  of  repair  and  cleaning  of  side- 
walks   103 

Statute  of  limitations  not  a  defense  against  taxes,  asses.sments  or 

water  rates 153 

To  collect  taxes  heretofore  levied 151 

To  collect  taxes  upon  real  estate 151 

To  recover  taxes  on  personal  property 149 

To  restrain  acts  contrary  to  orders  of  commi.ssioner  of  public  safety 

and  to  abate  nuisances 129 

AMien  corporation  counsel  must  commence 147 

209 


210 

ACTS: 

Certain,  not  to  apply  to  city  of  Rochester 194 

Inconsistent,  repealed 194 

Schetlule  of,  repealed 199 

ADJOURNMENT: 

City  not  required  to  give  bond  or  security  upon 191 

In  municipal  court 173 

AFFIDAVITS: 

Taken  by  mayor  relating  to  affairs  of  city 37 

ALDERMAN: 

Common  council  is  the  judge  of  the  election  and  qualifications  of  45 

Election  of 30 

May  be  suspended  or  expelled  by  common  council 45 

Member  of  common  council    43 

Powers  and  duties  of 42 

Salary  of 32 

Qualifications  of 30 

Term  of  office  of . .  . 31 

Vacancy  in  office  of 35 

ANNUAL  REPORTS.  34 

ANSWER: 

In  municipal  court 171 

APPEAL: 

Corporation  counsel  may  take 147 

From  audit  of  comptroller 41 

From  award  in  condemnation  proceedings 158 

From  municipal  court 

See  Code  of  Civ.  Pro.  §§3226,  3227. 

From  orders  of  health  officer 128 

In  proceedings  to  review  local  assessments 89 

May  not  be  taken  from  decision  of  commissioner  of  public  safety 

upon  trial  of  policeman  or  fireman 117 

May  not  be  taken  from  decision  of  commissioner  of  public  safety 

upon  trial  of  health  officer  or  subordinates 128 

APPOINTMENT: 

By  common  council 45 

By  mayor 30 

Certificate  of 31 

APPORTIONMENT: 

Of  tax  or  assessment 87 

Of  expense  of  improvement 57 

APPROPRIATIONS: 

Annual 40,55 

Comptroller  must  not  permit,  to  be  overdrawn 67 

Expenditures  in  excess  of,  prohibited 32 

For  bureau  must  not  be  .expended  for  other  purpo.ses 33 


211 

APPROPRIATIONS—Continued 

Must  be  made  by  ordinance 53 

Treasurer  must  not  permit,  to  be  overdrawn 74 

Unexpended  balance  of,  to  be  placed  in  sinking  fund 70 

When  commissioner  of  public  safety  may  expend  money  in  excess 

of 192 

APPROVAL: 

Of^contracts 147 

Of  official  bonds 31 

AREAWAYS: 

Ordinance  for  construction  of 50 

ARREST: 

Inactions  in  municipal  court 170 

ASSESSMENT,  LOCAL: 

Action  to  recover  money  paid  upon  local  assessment  limited 90 

Amount  of,  collected  in  annual  taxes  to  be  added  to  local  impro\-('- 

ment  fund 79 

Amount  to  be  computed  by  comptroller 69 

Apportionment  of  between  owners  of  projierty 87 

ApportioruTient  of  amount  to  be  assessed  upon  property  bene- 
fited    57 

City  may  maintain  action  upon 86 

Contract  for  improvement  not  to  exceed  estimate 98 

Contracts  for  public  improvements  may  be  let  for  periods  exceeding 

one  year 99 

Conclusive  unless  reviewed  in  proceedings  under  charter 90 

Confirmation  of  rolls 00 

Correction  of  errors  in,  and  re-assessment  of 61 

Creates  debt  against  person  assessed 86 

Definition  of 194 

Estimate  of  expense  of  improvement  of 57 

Final  ordinance  for  improvement 58 

Final  ordinance  to  specify  number  of  amiual  installments  in  which 

payable 59 

For  east  side  trunk  sewer 59 

For  expense  of  acquiring  real  estate 49 

For  cleaning  and  care  of  streets 69,83 

For  numbering  houses 69,83 

For  sprinkling  streets 69,83 

For  repair  and  cleaning  of  sidewalks 83,103 

Have  preference  over  all  other  claims 152 

Insertion  of  in  annual  tax  rolls 83-84 

Interest  to  be  included  therein 69 

Interest  to  be  collected  thereon 79 

Lien  of 87 

Notice  to  hear  allegations  and  hearing  of  allegations  on  rolls  for. .  85 

Of  state  lands 87 

Owners  may  petition  for  kind  of  pavement 58,97 

Procedure  to  vacate  or  reduce 89 


212 

ASSESSMENT,  LOCAL     Coutinunl 

Pul)lictiti()ii  of  notice  for  payment  of 79 

Reduction  or  remission  of  by  board  of  estimate  and  fipportion- 

ment 41 

TJequireiiHMits  for  passajje  of  final  ordiiiatu-c  for  iinpro\-cinciit . ...  59 

Rolls  for 84 

Rolls  to  be  delivered  to  common  council 60 

Rolls  after  confirmation  to  be  delivered  to  city  treasurer 60 

SettinfT  aside  of  rolls 61 

Special  assessors  to  levy 85 

Statute  of  limitations  not  a  defense 153 

Sum  necessarily  expended  in  improvement  may  be  assessed 98 

To  be  paid  before  estate  is  settled 153 

To  [)e  deducted  from  award  in  condemnation  firoceedinss 159 

Warrants  for 79 

AVlien  added  to  annual  tax  becomes  a  part  thereof 78 

When  due 79 

Wlien  unpaid  to  be  inserted  in  annual  tax  rolls 80 

Valid  against  land,  if  mistake  made  in  name  of  owner 86 

Validated 88 

See  Assessment  AND  Taxatiox.  Dept.  of;  Improvemext;  Tax: 
Treasuker. 

ASSESSMENT  AND   TAXATION,  DEPARTMENT  OF:  80 

All  lands  liable  to  local  assessment  except  .Mount  Hope 85 

Appointment  of  special  assessors 85 

Assessment  of  state  lands  governed  by  public  lands  law 87 

Assessment  not  to  be  reviewed  otherwise  than  prescribed  by  char- 
ter   90 

Board  of  assessors 81 

Deeds  to  be  delivered  to  assessors  before  recording 88 

EfTect  of  local  assessment 86 

Election  of  assessors 30 

Estimate  of  money  for  payment  of 39 

Expense  of  public  improvements  to  be  reported   to    assessors   by 

comptroller 69 

Expense  of  repairing  and   cleaning  sidewalks  to   be   filed   with 

assessors 103 

Insertion  of  taxes  in  ainnial  tax  rolls  and  delivery  of  same  to  treas- 
urer   84 

Lien  of  taxes  and  assessments 87 

Maps  of  subdivisions  to  be  filed  with  assessors 88 

Maps  for  assessors  to  be  prepared  by  city  engineer 110 

Notice  to  hear  allegations  on  local  assessment  rolls 85 

Power  of  board  of  estimate  and  apportionment  to  cancel  or  remit 

taxes  and  assessments 41 

Powers  of  board  of  assessors 81 

Preparation  of  assessment  roll  for  local  improvements 84 

Preparation  of  county  tax  rolls 90 

Procedure  to  review  local  assessments ■ 89 

Statement  for  water  frontage  tax  to  be  delivered  to  assessors.  .  .  .  108 


213 

ASSESSMENT  AND  TAXATION,  DEPARTMENT  OF  :— Continued 

Taxes  and  assessments  validated 88 

Terai  of  office  of  assessors 31 

Subordinates  of  board  of  assessors 81 

Unpaid  water  rates  to  be  reported  to  assessors lOS 

Verification  of  local  assessment  rolls 86 

AMien  action  may  be  maintained   to   recover   money   paid    upon 

local  assessment 90 

Vacancy  in  office  of  assessor 35 

ASSESSORS: 

Appointment  of  special 85 

Election  of 30 

Powers  and  duties  of 80 

Term  of  office 31 

^^acancy  in  office  of 35 

ATTACHMENT: 

In  actions  in  municipal  court 170 

AUCTION: 

Of  city  real  estate. 49 

Of  franchises 48 

AUCTIONEERS: 

Power  of  common  council  to  regulate 46 

AUDIT: 

Hearing  upon  appeal  from 41 

Of  claims 67 

BALANCES: 

Unexpended,  to  be  placed  in  sinking  fund 40.70 

BANKS: 

Board  of  e.stimate  to  designate,  for  deposit  of  city  moneys 74 

City  depositories  to  report  monthly  to  comptroller 74 

Excepted  from  prohibition  against  officers  being  interested  in  con- 
tracts          34 

BASTARDY  PROCEEDINGS: 

Jurisdiction  of  inuiiicipal  coiu't 174 

BID: 

For  work  and  supplies 95-100 

For  work  and  supplies  to  bo  let  by  board  of  education 136.137 

For  work  and  supplies  to  be  let  by  park  commission 112 

BILL  OF  PARTICULARS: 

In  municipal  court 172 

BOARD: 

Definition  of 19-1 

BOARD  OF  CONTRACT  AND   SUPPLY:  94 

See  Coxtr.vct  axd  Supply,  Boakd  of. 


214 

BOARD  OF   EDUCATION:  133 

Sek  VvniAC  Instruction,  ])epaktmei\t  of. 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT:  38 

Sek  Kstimatk  and  ArrouTioNMENT,  Board  of. 

BOARD  OF  HEALTH: 

Commissioner  of  public  safety  has  powers  of 127 

Power  of.  to  adopt  ordinances  conferred  on  common  council 127 

BOARD  OF   EXAMINERS  OF  STATIONARY  ENGINEERS:  189 

See  Stationary  Engineers,  Board  of  Examiners  of 

BOARD  OF  MIDWIFE  EXAMINERS:  188 

See  Midwife  Examiners,  Board  of. 

BOND: 

City  not  required  to  give,  in  action  or  proceeding 191 

City,  power  of  comptroller  to  invest  in 70 

Contract  and  labor 98 

Form  and  audit  of  claim  for 67 

Guaranteeing  public  work 98 

Hemlock  lake  watershed,  payment  of 72 

High  school,  pajTnent  of 72 

Indemnifying  city  for  encroachment  upon  street 50 

May  be  required  to  be  submitted  with  bid  for  public  work 96 

Of  city,  authority  of  common  council  to  issue 50 

Of  officials 31 

Parks,  payment  of 72 

Payment  of 71 

Payment  of,  for  local  improvements 73 

Power  of  common  council  to  require  indemnification  of  city 46 

Public  market,  payment  of 72 

School 51 

School,  payment  of 72 

To  be  given  by  city  upon  taking  pos.session  of  property  during  con- 
demnation proceedings 158 

Water  distributing,  payment  of 71 

Water  works,  payment  of 71 

BOUNDARIES: 

Of  city 2 

Of  wards 2-29 

BRIDGES: 

Power  c^f  coimnissioner  of  public  works  over 102 

Power  of  common  council  to  require  construction  and  repair  of .  . .  57 

BRIGHTON: 

Children  of  di.strict  No.  2  of.  may  be  permittedjto'attend  public 

.school  No.  1 135 

BUILDINGS: 

Emergency  repairs  to  scliool  buildings 137 

Inspection  of  public 128 


215 


BUILDINGS  :— Continued 


Municipal,  city  engineer  is  superintendent  of 110 

Municipal,  emergency  repairs  to 100 

Municipal,  power  of  commissioner  of  public  works  over 102 

Public,  power  of  common  council  as  to  construction  of 56 

School,  under  control  of  board  of  education 133 

Used  for  police,  fire  and  health  bureaus  and  bureau  of  buildings, 

under  control  of  commissioner  of  public  safety 114 

Plans  for,  power  of  common  council  to  provide  for  approval  of  .  .  46 

Power  of  common  council  to  regulate  construction  and  repair  of  . .  .  4G 

BUILDINGS,  BUREAU  OF: 

Appointment  of  fire  marshal 114 

Appointment  of  subordinates  of  fire  marshal 130 

Estimate  of  money  for 39 

Powers  and  duties  of  fire  marshal 130 

Powers  of  fire  marshal  may  be  delegated 130 

Under  control  of  commissioner  of  public  safety 114 

BUREAU: 

Annual  appropriation  for 40,55 

Appropriation  for,  must  not  be  exceeded  or  used  for  any  other 

purpose 33,67,74 

Emergency  fund  for 40 

Estimate  for  annual  appropriation  for 39 

Estimate  of  amount  required  for  expenditures 34 

Fire 115 

Health 126 

Of  buildings 130 

Of  weights  and  measures 109 

Police 115 

Water  works 105 

CANADICE  LAKE: 

Interference  with  water  of 107 

Power  of  city  over 106 

CELLARS: 

Beneath  sidewalks  of  streets 50 

Ordinance  for  construction  of 50 

CEMETERY: 

Mount  Hope 183 

CHARGES: 

Against  aldermen 45 

Against  city  officials 34 

Against  health  officer  and  subordinates 127 

Against  officers  and  employees  of  board  of  education 142 

Against  policemen  and  firemen 1 16 


21<i 

CHARITIES,  DEPARTMENT  OF:  131 

Ai)j)()intiiieiit  of  coiiiniis.sioiH'r  of 30 

( .'ertifirates  to  maintain  sick  persons  at  institutions 131 

Children  not  to  be  })oun(l  except  by  order  of  court  or  magistrate.  132 

City  the  owner  of  su[)plies 132 

Commissioner  maj"  direct  city  pliysiciaii  and  deputy  heaitli  officer 

to  attend  indigent  sick 129 

Commissioner  of  charities 131 

Deputy  commissioner  of  cliaritics 131 

Estimate  of  money  for 39 

Liability  of  city  limited 132 

Overseer  of  the  poor 131 

Powers  and  duties  of  commissioner 131 

Powers  and  duties  of  overseer  of  the  jKior 131 

Power  to  administer  oath 132 

CHILDREN: 

( 'hildren's  court 162 

Not  to  be  bound  except  by  order  of  court  or  magistrate 132 

CITY: 

Boundaries  and  wards  of 2 

Corporate  capacity  and  name  of I 

Corporate  powers  of 1 

City  elections 35 

Inhabitants  of,  not  incompetent  upon  trials  and  proceedings  in 

which  city  is  interested 191 

No  security  required  by,  in  action  or  proceeding 191 

Seal  of 1 

Seal  of,  in  custody  of  city  clerk 44 

CITY  ENGINEER: 

Ai>pnintnient  of 30 

Member  of  board  of  esitmate  and  apportionment 38 

Member  of  board  of  contract  and  supply 95 

Powers  and  duties  of 109 

Qualifications  of 30 

Term  of  office  of 31 

SkK    E>"GINEKKING,    DlsrAHTMEXT    OK 

CITY  PHYSICIANS:  12& 

CITY  SEAL: 

City  clerk  has  custody  of 44 

Power  to  adopt 1 

To  be  affixed  to  deeds  and  contracts 37 

To  be  affixed  to  mayor's  warrant  for  collection  of  taxes 84 

CITY  SEALER:  109 

Sek   \\'ki(;hts  Axn  .MKA.srRE.s,   Bureau  of 

CITY  TREASURER: 

Election  of 30 

Powers  and  duties  of 73 


217 

CITY  TREASURER:     C'uiitimuMl 

Qualifications  of .  liu 

Salary  of 32 

Temporary  member  of  boaril  of  estimate.  .  .                               38 

Term  of  office 31 

Vacancy  in  office  of 35 

See  Treasurer. 

CIVIL  SERVICE  COMMISSION,  MUNICIPAL:  190 

Estimate  of  money  for 31) 

Powers  and  duties  of 190 

Secretary 1 90 

Subordinates 190 

CIVIL  SERVICE: 

p]niployees  holdino;  positions  under,  continued  in  po.sitions 192 

CLAIM : 

Against  city  must  be  audited 67 

Appeal  from  audit  of 08 

Audit  of (17 

For  damages  for  injurj'  to  person  or  property 192 

Form  of 67 

For  taxes  upon  city  property 69 

Hearing  upon  appeal  from  audit  of 41 

May  be  compromised  by  corporation  coun.sel 148 

Presentation  of,  for  damages  caused  by  change  in  grade  or  discon- 
tinuance of  streets 62 

To  moneys  awarded  in  condemnation  proceedings 158 

When  audited,  to  he  filed  in  office  of  treasurer 68 

CLERK,  CITY:  44 

Acts  as  secretarj-  of  board  of  estimate  and  apportionment 38 

Delivery  of  local  assessment  rolls  to  common  council  by 60 

Deputy 44 

Duties  of 44 

Report  of  connnissioners  in  condemnation  proceedings  to  be  filed 

with 157 

To  appoint  subordinates 44 

To  deliver  local  assessment   rolls  after  confirmation  to  city  treas- 
urer   60 

To  engross  ordinances 63 

To  execute  deeds  of  Mount  Hope  cemetery  lots  and  record  same.  185 

To  have  custody  of  city  seal 44 

To  record  ordinances 64 

CODE  OF  CIVIL  PROCEDURE: 

Certain  jjrovisions  of.  applicable  to  municipal  court 183 

Reference  to.  how  construed 194 

CODE  OF  CRIMINAL  PROCEDURE: 

Reference  to,  Ikiw  construed 194 


218 

COLLECTOR  OF   TAXES, 

Appointment  of 76 

County 92,93,94 

Fees  of,  to  he  added  to  local  assessment ...  80 

Notice  of  sale  by 77 

Sales  by 77 

COMMISSION: 

CondemiuUion   i)roceediugs 154 

Definition  of '. 194 

Issued  out  of  munieipal  eourt 173 

Market 187 

Mount  Hope 183 

Munieipal  eivil  service 190 

I'ark Ill 

COMMISSIONER  OF  CHARITIES: 

Apj)uintinent  of 30 

Powers  and  duties  of 131 

Qualifications  of 30 

Term  of  office  of 31 

Ske  Charities,  Department  of. 

COMMISSIONERS  OF  DEEDS: 

Appointment  of 30 

Excepted    from    prohibition    against     holding    more    than    two 

offices 34 

Excepted  from  prohibition  against   officers  being    interested    in 

contracts  with  city 34 

Term  of  office  of 31 

COMMISSIONERS  OF  MARKETS: 

Appointment  of 30 

Powers  and  duties  of 187 

Qualifications  of 30 

Term  of  office  of 31 

Vacancy  in  office  of 35 

See  Market  Commissiox. 

COMMISSIONERS  OF  MOUNT  HOPE: 

Appointment  of .  30 

Powers  and  duties  of 183 

Qualifications  of 30 

Term  of  office  of 31 

Vacancy  in  office  of 35 

See  Mouxt  IIorE  Commission. 

COMMISSIONERS  OF  PARKS: 

Appointment  of 30 

Powers  and  duties  of 110 

Qualifications  of 30 

Term  of  office  of ' 31 

Vacancy  in  office  of 35 

See  Parks,  Depart.ment  of. 


219 

COMMISSIONER  OF  PUBLIC  SAFETY: 

Appointment  of 30 

Powers  and  duties  of 113 

Qualifications  of 30 

Term  of  office  of 31 

See  Public  Safety,  Department  of. 

COMMISSIONER  OF  PUBLIC  WORKS: 

Appointment  of 30 

Member  of  board  of  contract  and  supply 95 

Powers  and  duties  of 101 

Qualifications  of 30 

Term  of  office  of , 31 

See  Public  Works,  Department  of. 

COMMISSIONERS  OF  SCHOOLS: 

Election  of 30 

Powers  and  duties  of 133 

Term  of  office  of 31 

Qualifications  of 30 

Salary  of 32 

Vacancy  in  office  of 35 

See  Public  Instruction,  Department  of. 

COMMON  COUNCIL:  42 

Adoption  of  annual  estimate  by 55 

>\mendment  of  ordinance  by '>2 

Annual  communication  of  mayor  to 37 

Annual  appropriations -10 

Annual  estimate  to  be  submitted  to -10 

Appointments  by -15 

Board  of  education  to  submit  annual  report  to 13H 

Claim  for  damages  must  be  presented  to 193 

Claims  compromised  to  be  reported  to 148 

aerk  of 44 

Confirmation  of  report  of  commissioners    in    condemnation    pro- 
ceedings    157 

Duties  of  clerk  of 44 

Election  of  president  pro  tempore  of 44 

Estimate  of  money  for 39 

Expulsion  of  members  of 45 

Final  ordinance  for  improvement  by 5S 

First  ortlinance  for  improvement  by 57 

Has  power  conferred  on  boards  of  health  to  adopt  ordinances 127 

Hearing  of  allegations  on  improvements  by 5S 

Judge  pf  the  election  and  "qualifications  of  its  members 45 

Legislative  acts'must  be  by 'ordinance 62 

Legislative  power  of 46 

May  require  comptroller  to  render  report  of  funds  and  financial 

condition  of  the  city 67 

Meeting  for  confirming  annual  tax  rolls  and  l('\'ving  taxes oo 


220 

COMMON  COUNCIL:     (  ..utinii.  ,| 

Meetings  of 44 

Members  of 43 

Minutes  to  be  printed  and  bound 45 

Minutes  to  be  printed  and  distributed 45 

Mode  of  appropriating  money 53 

Monthly  report  of  market  commissioners  to  be  presented  to 187 

Must  publish  notice  of  improvement 58 

Must   re-advertise    when    first    ordinance    for    improvement    is 

amended 58 

Must  specify  material  for  pavement  for  which  petitions  have  been 

presented 58 

Ordinance  authorizing  encroachment  upon  streets 50 

Ordinance  granting  franchise 48 

Ordinance  as  to  executive  functions 54 

Ordinances  and  proceedings  of,  to  be  published 45 

Ordinance  for  east  side  trunk  sewer  assessment 59 

Ordinance  for  sale  of  real  estate 49 

Organization  of 43 

Passage  of  ordinance  by 02 

Petition  specifying  material  for  pavement  to  be  presented  to  ...  .  58 

Power  as  to  construction  of  public  buildings  and  works 56 

Power  in  relation  to  weights  and  measures    and    duties    of    city 

sealer 109 

Power  to  alter  names  and  grades  and  discontinue  streets 62 

Power  to  authorize  acquisition  of  real  estate 48 

Power  to  authorize  compensation  of  firemen  and    policemen    for 

loss  and  injury 116 

Power  to  authorize  extension  of  water  mains  beyond  city  limits. .  107 

Power  to  authorize  issuance  of  bonds  and  notes 50 

Power  to  authorize  lease  of  real  estate 49 

Power  to  authorize  licenses 55 

Power  to  authorize  sale  of  personal  property 50 

Power  to  authorize  sale  of  real  estate 49 

Power  to  change  police  and  fire  force 115 

Power  to  compel  attendance  of  witnesses 53 

Power  to  correct  errors  in  taxes   and  assessments,  and  re-assess 

the  same 61 

Power  to  direct  apportionment  of  expense  of  public  improve- 
ments    57 

Power  to  direct  city  engineer  to  perform  engineering  services  for 

certain  departments 110 

Powerto  direct  corporation  counsel  to  commence  action  or  pro- 
ceeding   147 

Power  to  direct  duties  of  board  of  examiners  of  .^tationarj-  engi- 
neers   189 

Power  to  direct  sale  of  school  property 142 

Power  to  determine  it  to  be  impracticable  to  procure  work  or 

materials  by  contract 95 

Power  to  establish  playgrounds 134 


221 

COMMON  COUNCIL:— Continued 

Power  to  grade  police  and  fire  force 35 

Power  to  grant  franchise  for  distribution  of  water 108 

Power  to  grant  franchises 47 

Power  to  incur  expense  restricted i 65 

Power  to  inspect  books,  accounts  and  papers  of  board  of  educa- 
tion   138 

Power  to  investigate  departments  and  officers 53 

Power  to  issue  bonds  for  board  of  education 51 

Power  to  issue  subpoenas 53 

Power  to  order  condemnation  of  property  for  school  purposes.  ...  49 

Power  to  pass  ordinances  after  disapproval  by  mayor 63 

Power  to  pass  penal  ordinances 54 

Power  to  provide  for  the  guarantee  of  a  public  improvement  ....  57,98 

Power  to  regulate  duties  of  officers 53 

Power  to  regulate  letting  of  contracts  by  board  of  contract  and 

supply 95 

Power  to  regulate  office  hours  and  location  of  offices 53 

Power  to  require  improvements 57 

Power  to  require  official  undertaking 31 

Power  to  set  aside  local  asse.ssments 61 

President  of 30 

President  of,  acting  mayor 36 

President  of,  becomes  mayor  in  case  of  vacancy 35 

President  of,  member  of  board  of  estimate  and  a{)portionment.  ...  38 

President  of,  may  vote  in  case  of  a  tie 43 

President  pro  tempore  becomes  president  in  case  of  vacancy 35 

Powers  of -iS 

Powers  and  duties  of  president  of 43 

Publication  of  penal  ordinances  of 54 

Quorum  of ^^ 

Report  of  commissioners  in  condemnation  proceedings  to  be  made 

to 157 

Report  of  comptroller  of  condition  of  police  and  fire  pension  funds. 

to  be  presented  to ~0 

Requirements  for  passage  of  final  ordinance  for  improveniont. ...  59 

Rules  of ■15 

Salary  of  president  of 32 

Special  meetings  of -14 

To  confirm  annual  tax  rolls 56 

To  confirm  local  assessment  rolls '"''^ 

To  designate  kind  of  pavement  upon  faihire  of    i)roperty    owners 

to  do  so 9 ' 

To  designate  official  papers 'I-* 

To  determine  qualifications  of  examiners  of  stationary  engineers.  30 

To  fill  vacancy  in  office  of  supervisor 35 

To  fill  vacancy  in  office  of  alderman 35 

To  levy  annual  taxes •'f"> 

To  levy  water  frontage  tax •''• 

To  specify  numl)er  of  annual  installments  in  wliich  a.'sses.sment  is 

payal)le •''* 


222 

COMMON  COUNCIL  :— t'ontinued 

Vacancy  in  oflfice  of  alderman 35 

Vacancy  in  office  of  president  of 35 

When  mayor  may  call  special  meeting  oi 37 

COMPENSATION: 

Additional,  not  to  be  paid 33 

Additional,  paid  to  or  received  by  officer  belongs  to  city 33 

Of  employees  to  be  fixed  by  board  of  estimate  and  apportion- 
ment   40 

Of  engineering  experts HO 

Of  health  experts 127 

Of  policemen  and  firemen  for  loss  or  injur}' 116 

Of  special  counsel 148 

Power  of  park  comniission  to  fix Ill 

Of  persons  appointed  by  mayor  to  examine  liooks  and  accounts. .  37 

Power  of  board  of  education  to  fix 135 

Power  of  Mount  Hope  commission  to  fix 183 

COMPLAINT: 

Against  officer  to  be  examined  into  bj'  mayor 37 

In  municipal  court 170 

COMPTROLLER: 

Appointment  of  deputy 66 

Books  of  treasurer  to  be  exhibited  to 74 

Duties  of 66 

Election  of 30 

Estimate  of  money  for 39 

Has  direction  and  management  of  Mount  Hope  funds 69 

Has  direction  and  management  of  police  and  fire  pension  funds.  .  70 

Has  investment  and  management  of  sinking  fund 70 

Has  investment  and  management  of  teachers '  retirement  fund  .  .  70 

Hearing  upon  appeal  from  audit  of 41 

Member  of  board  of  estimate  and  apport  ionment 38 

Member  of  board  of  contract  and  supply 95 

Powers  and  duties  of 66 

Power  of,  to  examine  books  of  all  departments 73 

Qualifications  of 30 

Salary  of 32 

Term  of  office  of 31 

To  ascertain  cost  of  improvements 69 

To  audit  claims  against  city 67 

To  countersign  checks  for  payment  of  money 74 

To  examine  books  of  treasurer 73 

To  keep  accounts  with  treasurer 73 

To  prepare  annual  financial  statement 67 

To  report  condition  of  police  and  fire  pension  funds  to  common 

council 70 

Vacancy  in  office  of 35 


223 

CONDEMNATION  PROCEEDINGS:  153 

Appeal  from  award 158 

Application  for' appointment  of  commissioners 154 

Appointment  of  commissioners 155 

Award  to  non-resident  owners 159 

Award  to  unknown  owners 159 

City  may  acquire  any  property  in 1,107,160 

Compensation  of  commissioners 157 

Confirmation  of  report 157 

Costs 159 

Damages  for  change  of  grade  or  discontinuance  of  street,  to  be 

determined  in 62 

Filing  of  map  preliminary  to 153 

Conflicting  claims • 158 

For  real  estate  for  general  city  purposes 48 

For  real  estate  for  school  purposes 49 

Hearing  before  commissioners 156 

Not  affected  by  subsequent  transfers 156 

Oath  of  commissioners 156 

Possession  of  property  and  giving  of  security 158 

Power  of  court  on  appeal 158 

Procedure   to  assess  damages  for  discontinuance  or  change  of 

grade  of  street 159 

Real  property  for  water  works  to  be  acquired  by 107 

Report  of  commissioners 157 

Taxes  to  be  deducted  from  award 159 

When  title  vests  in  city '. 159 

CONSTABLE: 

Election  of '. 30 

Excepted  from  prohibition  against  holding  more  than  one  office. .  34 

Powers  and  duties  of 182 

Term  of  office  of 31 

Qualifications  of 30 

Vacancy  in  office  of 35 

CONSTRUCTION  OF  CHARTER:  193,194 

CONTEMPT: 

Power  of  muncipal  court  to  punish  for 180 

CONTRACT  AND  SUPPLY,  BOARD  OF:  94 

Contract  and  labor  bonds 98 

Contracts  exceeding  one  year 99 

Designation  of  kind  of  i  avement 97 

Duties  of 95 

Estimate  of  money  for 39 

May  let  certain  contracts  to  other  than  lowest  bidder 96 

Members  of 95 

Opening  of  bids 96 

Proposals 96 

Purchase  of  supplies  and  materials  under  $250 99 


224 

CONTRACT  AND  SUPPLY,   BOARD  OF  :— Continued 

SccTotary 99 

Subordinates  of 95 

To  desiirnate  kind  of  jKiveinont  on  failure  to  do  so 98 

CONTRACTS: 

Annual,  for  supplies  and  materials 100 

By  board  of  education  for  work  and  supplies 136 

City,  bond  to  be  delivered  with 98 

City,  commissioner  of  public  works  has  general  control  of 102 

City,  exceeding  one  year 99 

City,  how  let '95 

City,  may  not  be  let  to  person  in  defavilt 97 

City,  must  be  approved  by  corporation  counsel 147 

City,  not  to  exceed  estimate 98 

Determination  that  it  is  impracticable  to  procure  work  or  mate- 
rials by 95 

Emergency  repairs 100 

Execution  of 37 

For  capture  and  impoundage  of  unlicensed  dogs 47 

For  work  and  supplies  let  by  board  of  education 136 

For  work  and  supplies  let  by  park  commission 112 

For  construction  of  school  buildings  exceeding  one  year 137 

For  expenditure  of  money  in  excess  of  appropriation,  void 33 

For  expenditure  of  money  in  excess  of  appropriation,  prohibited .  32 

Moneys  due  on  at  end  of  year,  to  be  retained  to  apply  thereon. .  .  71 

Not  to  exceed  estimate 98 

Of  Mount  Hope  commission  for  expenditure  of   money  in  excess 

of  revenues,  void 184 

Ordering  of  work  under  $250 100 

Power  of  city  to  make 1 

With  city  in  which  officers  and  employees  are  interested,  void  ....  34 

With  city,  officers  and  employees  not  to  be  interested  in 33 

CORPORATE  CAPACITY:  1 

CORPORATE  NAME:  1 

CORPORATE  POWERS:  1 

CORPORATION  COUNSEL:  146 

Appointment  of 30 

Excepted  from  prohibition  against  receiving  additional  fees 33 

Member  of  board  of  contract  and  supply 95 

Member  of  board  of  estimate  and  apportionment 38 

Powers  and  duties  of 146 

Qualifications  of 30 

Term  of  office  of 31 

See  Law,  Department  of. 

COSTS: 

Condemnation  proceedings 160 

Corporation  counsel  entitled  to 147 

Foreclosure  of  tax  liens 150 

Mimicipal  court 176 


225 

COURT: 

Municipal 166 

Police 160 

COUNSEL: 

Corporation 146 

Employment  of  special 148 

COUNTY  TAXES:  90-94 

DAMAGES: 

Caused  by  snow  or  iee,  city  not  liable  without  previous  notice.  .  .  103 
Claim  for,  caused  by  change  of  grade  or  discontinuance  of  street, 

must  be  presented 62 

For  discontinuance  or  change  of  grade  of  street,  how  determined  159 

For  injuries  to  person  or  property,  claim  must  be  presented 192 

DEEDS: 

Execution  of 37 

Of  Mount  Hope  cemetery  lots 185 

To  be  delivered  to  assessors  before  recording 88 

DEFAULT: 

Proceedings  on,  in  municipal  court 179 

Opening  of,  by  municipal  court 179 

DEFINITION  OF  WORDS:  193 

DEMURRER: 

In  mvuiicipal  court 171 

DEPARTMENT: 

Annual  appropriation  for 40,55 

Annual  report  of 34 

Appropriation  for,  nuist  not  be  exceeded 32,67,72 

Emergency  fund  for. . 40 

Estimate  of  amount  required  for  expenditure 34 

Estimate  of  moneys  for 38 

Head  of,  may  authorize  expenditure  of  money 32 

DEPARTMENT  OF  ASSESSMENT  AND   TAXATION:  80 

See  Assessment  and  Taxation,  Department  ok- 

DEPARTMENT  OF  CHARITIES:  131 

See  Charities,   Department  of. 

DEPARTMENT  OF  FINANCE:  66 

See  Comptroller;  Tkeasim{er. 

DEPARTMENT  OF  ENGINEERING:  109 

See  Engineering,  Department  of. 

DEPARTMENT  OF  LAW:  145 

See  Law,   Department  of. 

DEPARTMENT  OF  PARKS:  110 

See  Parks,   Department  of. 


226 

DEPARTMENT  OF  PUBLIC  INSTRUCTION:  132 

See  Public  Instruction,  Department  ok. 

DEPARTMENT  OF  PUBLIC  SAFETY:  112 

See  Public  Safety,  UKrAUTMENT  of. 

DEPARTMENT  OF  PUBLIC  WORKS:  101 

See  Public  Works,  Uepart.ment  of 

DESIGNATION: 

Of  banks  for  deposit  of  moneys 74 

Of  duties  by  mayor -. 54 

Of  official  papers 44 

DOGS: 

Provisions  of  general  act  relating  to,  not  to  apply  to  city 195 

Power  of  common  council  to  provide  for  licensing  of 46 

EAST  SIDE   TRUNK  SEWER: 

Assessment  for 5 

EDUCATION,  BOARD  OF:  133 

See  Public  Instruction,  Department  of. 

ELECTIONS:  36 

EMERGENCY  FUND:  40 

EMERGENCY  REPAIRS: 

Generally 100 

To  school  buildings 137 

EMINENT  DOMAIN: 

Acquisition  of  real  estate  by 153 

See  Condemnation  Proceedings. 

EMPLOYEES: 

Compensation  of,  fixed  by  board  of  estimate  and  apportionment .  .  40 

Holding  positions  under  civil  service,  continued 192 

Not  to  be  interested  in  contracts  with  city 33 

Of  board  of  education,  compensation  of 135 

Of  Mount  Hope  commission,  compensation  of 183 

Of  park  commission,  compensation  of Ill 

EMPLOYMENT  AGENCIES: 

Power  of  common  council  to  regulate 46 

Provisions  of  general  act  relating  to,  not  to  apply  to  city 195 

ENCROACHMENTS: 

May  be  removed  by  commissioner  of  public  works 104 

U  pon  streets 50 

ENGINEERING,  DEPARTMENT  OF:  109 

Appointment  of  city  engineer 30 

Appointment  of  experts 110 

Citj'  engineer  may  be  directed  by  common  council  to  perform  engi- 
neering services  for  certain  departments 110 

City_engineer,  member  of  board  of  contract  and  supply 95 


227 

ENGINEERING,   DEPARTMENT  OF  :— Continued 

City  engineer  member  of  board  of  estimate  and  apportionment    .  38 

City  engineer  member  of  market  commission 187 

Deputy  city  engineer 109 

Estimate  of  money  for 39 

Powers  and  duties  of  city  engineer 109 

Qualifications  of  city  engineer 30 

Term  of  office  of  city  engineer 31 

ESTATE: 

Not  to  be  settled  until  taxes  are  paid 153 

ESTIMATE: 

Adoption  of  annual,  by  common  council 55 

Annual,  to  be  made  by  board  of  estimate  and  apportionment. ...  38 

Of  cost  of  local  improvement 57 

Of  moneys  required  for  expenditures 34 

ESTIMATE  AND  APPORTIONMENT,  BOARD  OF:  38 

Approval  of  apportionment  of  expense  for  public  improvements  57 
Approval  of  determination  that   it   is   impracticable   to   procure 

work  or  materials  by  contract 95 

Board  of  education  to  report  number  of  pupils  registered 136 

City  clerk  acts  as  secretary  of 38 

Estimate  of  money  for 39 

Journal  of 38 

May  create  emergency  fund 40 

Meetings  of 38 

Members  of 38 

Must  approve  increase  in  fire  and  police  force 53 

Not  permitted  to  expend  money  in  excess  of  appropriations 32 

Power  to  authorize  expenditure  of  money 32 

Power  to  cancel  or  remit  taxes 41 

Power  to  designate  subordinates  of  mayor 36 

To  apply  money  received  otherwise  than  by  tax 40 

To  approve  amount  of  damages  for  change  of  grade  or  discontin- 
uance of  street 62 

To  approve  compromise  of  claims 148 

To  approve  investment  of  police  and  fire  pension  funds 70 

To  approve  investment  of  sinking  funds 70 

To  approve  price  of  real  estate 48 

To  approve  price  upon  sale  of  real  estate 49 

To  approve  price  upon  sale  of  personal  property 50 

To  approve  water  rates 105 

To  designate  banks  for  deposit  of  city  moneys 74 

To  determine  when  peril  to  public  health  is  deemed  to  exist 130 

To  fix  compensation  of  commissioners   in  condemnation  proceed- 
ings   1^' 

To  fix  compensation  of  counsel , 148 

To  fix  compensation  of  experts  appointed  by  health  olficer 127 

To  fix  compensation  of  experts  employed  by  city  engineer 110 


228 

ESTIMATE  AND  APPORTIONMENT,  BOARD  OF  :  -Continued 

To  fix  compensation  of  persons  appointed  l)y  mayor  to  examine 

books  and  accounts 37 

To  fix  salaries 40 

To  hear  appeals  from  audits  of  comptroller 41 

To  make  annual  estimate 38 

To  prescribe  subordinates  of  assessors 81 

To  prescribe  subordinates  of  board  of  contract  and  supply 95 

To  prescribe  subordinates  of  city  clerk 44 

To  prescribe  subordinates  of  city  engineer 109 

To  prescribe  subordinates  of  city  sealer ; 109 

To  prescribe  subordinates  of  clerk  of  mimcipal  court 181 

To  prescribe  subordinates  of  clerk  of  police  court 165 

To  prescribe  subordinates  of  commissioner  of  charities 131 

To  prescribe  subordinates  of  commissioner  of  public  safety 114 

To  prescribe  subordinates  of  commissioner  of  public  works 102 

To  prescribe  subordinates  of  comptroller 66 

To  prescribe  subordinates  of  corporation  counsel 146 

To  prescribe  subordinates  of  fire  marshal 130 

To  prescribe  subordinates  of  health  officer 126 

To  prescribe  subordinates  of  market  commission 187 

To  prescribe  subordinates  of  mayor 36 

To  prescribe  subordinates  of  municipal  civil  service  commission. .  190 

To  prescribe  subordinates  of  superintendent  of  water  works 105 

To  prescribe  subordinates  of  treasurer 73 

To  submit  annual  estimate  to  common  council 40 

EVIDENCE: 

Of  ordinances  and  proceedings  of  common  council 64 

Proceedings  of  board  of  education  as 137 

When  property  to  be  held  as 166 

EXAMINATION: 

Of  books  and  accounts  by  mayor 37 

Of  complaints  against  Oihcers  by  mayor 37 

Of  departments,  bureaus,  etc.,  by  common  council 53 

EXAMINERS  OF  STATIONARY  ENGINEERS,  BOARD  OF:  189 

See  ST.vriox.\RY  Engineers    Board  of  Examiners  of. 

EXAMINING  BOARD  OF  PLUMBERS: 

See  §40,  General  Cities  Law,  Laws  1900,  Chap.  327 

EXCAVATION : 

Of  streets,  power  of  common  council  to  regulate 47 

EXECUTION: 

May  not  issue  against  city 148 

Mount  Hope  cemetery  property  exempt 186 

Pensions  of  policemen  and  firemen  exempt    123.126 

EXECUTIVE  POWER: 

Of  mayor 36 

Required  by  ordinance,  by  whom  performetl 55 


229 

EXPENDITURES: 

Annual  estimate  of 38 

Estimate  of  amount  required 34 

In  excess  of  appropriation  prohibited 32 

Of  Mount  Hope  commission  not  to  exceed  revenues 184 

Park  commission  subject  to  prohibition  against  exceeding  appro- 
priation   112 

Power  to  authorize 32 

Power  of  common  council  to  make,  restricted 65 

Whencommissioner  of  public  safety  may  exceed  appropriation 126 

EXPENSE: 

of  punishing  offenders  against  state  law 166 

EXPERTS: 

Appointment  of,  by  city  engineer 110 

Appointment  of,  by  health  officer 127 

FARM  PRODUCTS: 

Power  of  common  council  to  regulate  selling  of 46 

FEES: 

Additional,  not  to  be  paid 33 

Additional,  paid  to  or  received  by  officer  belong  to  city 33 

For  attendance  of  jurors  in  municipal  court 175 

In  municipal  court 182 

Of  constables 183 

Definition  of 193 

FINANCE,  DEPARTMENT  OF:           .  65 

See  Compti{(jllei;  ;  Treasurer. 

FINANCIAL  STATEMENT: 

To  bo  prepared  aDniially  l)y  comptroller 67 

FINANCIAL  INSTITUTIONS: 

Excepted  from  prohibition  against  officers  and  employees  of  city 

being  interested  in  contracts  with 34 

FIRE  BUREAU:  116 

Appointment  of  chief  of  fire  force 114 

Appointment  of  firemen 116 

Charges  and  trials  of  firemen 116 

Compensation  for  loss  and  injury 116 

Estimate  of  money  for 39 

Exemption  from  military  and  jury  duty 117 

Fire  force  to  remain  as  constituted 115 

Fire  pension  fimd 123 

Powers  and  duties  of  chief  of  fire  force 115 

Increase  and  grading  of  fire  force  by  common  council 53 

Powers  of  fire  marshal  may  be  delegated  to  fireman 130 

Qualifications  of  firemen 116 

Rules  for  fire  force 115 

Tenure  of  office  of  firemen 116 

Under  control  of  commissioner  of  public  safety 114 


230 

FIRE  MARSHAL: 

Appointment  of 114 

Powers  and  duties  of 130 

Qualifications  of 30 

FIRE  PENSION  FUND:  123 

Comptroller  has  direction  and  management  of 70 

Payments  from 74 

Treasurer  is  custodian  of 74 

FISCAL  YEAR:  66 

FORECLOSURE  OF   TAX  LIENS: 

Procedure 149,150 

Time  to  attack  sale  under,  limited  to  one  year 153 

To  collect  taxes  heretofore  levied 152 

See  Law,  Department  of;  Tax. 

FRANCHISE: 

No  person  or  corporation  to  distribute  water  without 108 

Power  of  common  council  to  grant,  for  distribution  of  water 108 

Grant  of 48 

Heretofore  granted  subject  to  provisions  of  this  act 48 

Length  of 48 

Not  exercised,  repealed . ' 47 

Power  of  common  council  to  grant 47 

Sale  of 48 

GENESEE  RIVER: 

Power  of  common  council  to  require  construction  and  repair  of 

banks 57 

Power  of  common  council  to  require  removal  of  dirt  and 'rubbish 

therefrom 57 

GUARANTEE  BOND:  98 

HAY: 

Power  of  common  council  to  regulate  selling  of 46 

HEALTH  BUREAU:  126 

Appeals  from  orders  of  health  officer 128 

Appointment  of  deputy  health  officer 126 

Appointment  of  experts 127 

Appointment  of  health  officer 114 

Approval  of  plans  for  sewers  and  drains 129 

Charges  and  trials  of  health  officer  and  subordinates 127 

Estimate  of  money  for 39 

Health  officer  member  of  board  of  midwife  examiners 188 

Inspection  of  public  buildings 129 

Powers  and  duties  of  health  officer 126 

HEALTH  BUREAU:— Continued 

Qualifications  of  health  officer 126 

Under  control  of  commissioner  of  public  safety 114 


231 

HEALTH  LAW: 

Applicable  to  city  of  Rochester 130 

HEMLOCK  LAKE: 

Interference  with  water  of 107 

Power  of  city  over 106 

HUCKSTERS: 

Power  of  common  council  to  regulate 46 

IMMATERIAL  VARIANCE: 

To  be  disregarded  in  municipal  court ^72 

IMPROVEMENT: 

Amendment  of  first  ordinance  for 58 

Appointment  of  special  assessors 85 

Apportiomnent  of  expense  of,  by  common  council 57 

Certain  contracts  for,  may  be  let  to  other  than  lowest  bidder ....  96 

Contract  for,  may  be  let  for  periods  exceeding  one  year 99 

Contract  for,  not  to  exceed  estimate 98 

Cost  of,  to  be  ascertained  by  comptroller 69 

Definition  of  assessment  for 194 

Duty  of  citj'  engineer  in  regard  to 110 

Effect  of  assessment  for 86 

Estimate  of  expense  of 57 

Final  ordinance  for 58 

First  ordinance  for 57 

Hearing  of  allegations  on  roll  for 85 

Lien  of  assessments  for 87 

Local  improvement  fund 73 

Materials  for  pavement  petitioned  for  must  be  specified  in  final 

ordinance  for 58 

Notice  of 58 

Notice  to  hear  allegations  on  assessment  rolls  for 85 

Payment  of 73 

Petition  for  paving 58 

Power  of  common   counoil   to   correct   and   re-assess   assessment 

therefor 61 

Power  of  common  council  to  require 57 

Property  owners  may  petition  for  kind  of  pavement 97 

Procedure  to  review  assessments  for 89 

Requirements  for  passage  of  final  ordinance  for 59 

Roll  for  local 84 

Specifications  for 96 

Sum  necessarily  expended  for,  may  be  assessed 99 

Verification  of  assessment  roll 86 

When  action  may  be  maintained  to  recover  money  paid  upon  local 

assessment 90 

See  Assessment. 

INDEMNITY: 

Power  of  common  council  to  require 46 

In  case  of  projections  and  areaways 50 


232 

INJUNCTION: 

To  restrain  acts  contrary  to  orders  of   commissioner  of   public  '1 

safety  antl  to  restrain  nuisances 129 

To  restrain  violation  of  ordinances 64 

INSTRUMENT: 

i'or  payment  of  money  set  forth  in  municipal  court 171 

INSURRECTION: 

Power  of  mayor  in  case  of 38 

ISSUE: 

Joinder  of,  in  municipal  court 172 

JUDGES  OF  MUNICIPAL  COURT: 

Election  of 30 

Powejs  and  duties 166 

Qualifications  of 30 

Salaries  of 40 

Term  of  office  of   31 

Vacancy  in  office  of 35 

See  Municipal  Court. 

JUDGMENT: 

Appeal  from  by  city 147 

By  default  in  municipal  court 179 

Confession  of,  in  municipal  court 179 

Of  foreclosure  and  sale  of  tax  lien  cannot  be  attacked  after  one 

year 153 

Of  municipal  court,  appeal  from 

See  Code- of  Civ.  Pro.  §§3226,3227 

Payment  of 148 

Must  be  rendered  by  municipal  court  within  ten  days 180 

Offer  of,  in  municipal  court 178 

Transcript  of,  by  municipal  court 180 

JUDICIAL  NOTICE: 

Of  charter  by  courts 194 

Of  ordinance  by  municipal  court 173 

Of  ordinance  by  police  court 162 

JUNKDEALERS: 

Power  of  common  council  to  regulate 46 

JURISDICTION: 

Of  municipal  court 167 

Of  police  court ' 167 

JURY: 

Demand  for,  in  police  court 163 

Demand  for,  in  municipal  court 175 

Drawing  of,  in  municipal  court 176 

Inhabitant  may  be  member  of  in   action   in  which  city  is  inter- 
ested   191 

Trial  by,  in  municipal  court 176 

Trial  by.  in  police  court 163 


233 

LAW,  DEPARTMENT  OF:  145 

Actions  and  proceedings  to  collect  taxes  upon  real  estate 151 

Actions  now  pending  for  foreclosure  of  tax  liens 152 

Actions  to  recover  taxes I49 

Appeals 147 

Application  for  appointment  of  commissioners I54 

Appointment  of  corporation  counsel 30 

Appointment  of  assistant  corporation  counsel 146 

Appointment  of  commissioners I55 

Approval  of  contracts I47 

Award  to  non-resident  owners I59 

Award  to  unknown  owners I59 

Claim  for  damages  must  be  presented  to  corporation  counsel 193 

Collection  of  taxes  heretofore  levied I5I 

Compensation  of  commissioners I57 

Compromise  of  claims 148 

Condemnation  proceedings  not  affected  by  subsecjuent  transfers. . .  156 

Confirmation  of  report I57 

Conflicting  claims 158 

Corporation  counsel  member  of  board  of  estimate 38- 

Corporation  counsel  member  of  board  of  contract  and  supply. ...  95 

Costs  and  allowances  of  corporation  counsel 33,147 

Costs  in  condemnation  proceedings 160 

Duty  to  commence  actions I47 

Estimate  of  money  for 39 

Employment  of  counsel 148. 

Filing  of  map  preliminary  to  condemnation  proceedings 154 

Foreclosure  of  tax  liens 150 

Hearing  before  commissioners 156 

Limitation  of  right  to  attack  sales  under  tax  foreclosure 153 

Money  collected  to  be  paid  to  treasurer 147 

Notice  of  foreclosure 149 

Other  remedies  to  collect  taxes  not  affected 151 

Notice  of  claim  for  damages  must   be  presented  to  corporation 

counsel I93 

Notice  of  intention  to  commence  action  must  be  presented  to  cor- 
poration counsel 193 

Oath  of  commissioners 156 

Payment  of  judgments 148 

Power  of  court  on  appeal 158 

Possession  of  property  and  giving  of  security  therefor 158- 

Powers  and  duties  of  corporation  counsel 146 

Procedure  to  assess  damages  for  discontinuance    or    change    of 

grade  of  street 159 

Qualifications  of  corporation  counsel 30 

Report  of  commissioners 157 

Treasurer  to  deliver  list  of  unpaid  taxes  to  corporation  counsel.  .  78- 

Statute  of  limitations  not  a  defense 153 

Taxes  to  be  deducted  from  award 159 

Taxes  to  have  preference 152 

When  title  vests  in  city 159/ 


234 

LAWS: 

Certain,  not  to  apply  to  City  of  Rochester 194 

Inconsistent,  repealed 196 

Reference  to,  how  construed 194 

Schedule  of,  repealed 196 

LEASE: 

Of  market  privileges 187 

Of  park  privileges 112 

Of  real  estate 49 

LEGISLATIVE  POWER: 

Of  common  council 46 

To  be  exercised  by  ordinance 62 

See  Commox  Council. 

LICENSE 

For  encroachment  upon  street  may  be  revoked 50 

For  dogs,  power  of  common  council  in  relation  to 46 

For  encroachment  upon  street 50 

Granting  and  revocation  of 55 

Of  hacks  for  use  in  public  parks 112 

Power  of  board  of  education  to  license  teachers 134 

Power  of  common  coimcil  to  provide  for  granting 46 

MAP: 

Filing  of,  preliminary  to  condemnation  proceedings 153 

Of  subdivisions  of  lands  to  be  filed  with  assessors 88 

To  be  prepared  by  city  engineer 110 

MARKET  COMMISSION:  187 

Appointment  of  commissioners 30 

Estimate  of  money  for 39 

Market  privileges 187 

Market  revenues 187 

Market  sinking  fund 72 

Powers  and  duties  of 187 

Qualifications  of  commissioners 30 

Term  of  commissioners  of 31 

Vacancy  in  office  of  commissioners 35 

MAYOR:  36 

Acting 36 

Additional  powers  and  duties  of , 38 

Annual  communication  of;  to  common  council 37 

Approval  of  certificate  as  to  emergency  repairs 100 

Appointment  of  officers  by   30 

Duties  of 37 

Election  of 30 

Estimate  of  money  for 39 

Executive  power  of 36 

May  administer  oaths  and  take  affidavits  relating   to    affairs  of 

city 37 


235 

MAYOR :— Continued 

May  require  comptroller  to  report  funds  and  financial  condition 

of  city 67 

May  sit  as  member  of  board  of  contract  and  supplj' 95 

Member  of  board  of  estimate  and  apportionment 38 

Power  in  case  of  riot  or  insurrection 38 

Power  to  appoint  special  policemen 38 

Power  to  consult  with  heads  of  departments 36 

Power  to  direct  corporation  counsel  to  commence  action  or  pro- 
ceeding   147 

Power  to  examine  books  and  accounts^ 37 

Resignations  to  be  presented  to 35 

Salary  of 31 

Secretary  of 36 

Term  of  office  of 31 

To  annex  warrant  to  annual  tax  rolls 84 

To  appoint  secretary  of  civil  service  commission 190 

To  approve  of  appointment  of  experts  by  health  bureau 127 

To  approve  or  disapprove  ordinances 63 

To  call  meetings  of  board  of  estimate  and  apportiormient 38 

To  call  special  meetings  of  common  council 37 

To  consent  to  employment  of  counsel 148 

To  consent  to  employment  of  experts  by  city  engineer 110 

To  consent  to  employment  of  health  experts 127 

To  designate   officer  to  perform  executive   functions  not  other- 
wise designated 54 

To  examine  into  complaints  against  officers 37 

To  execute  deeds  and  contracts 37 

To  execute  deeds  of  Mount  Hope  cemetery  lots 185 

To  fill  vacancy  in  office  of  assessor 35 

To  fill  vacancy  in  office  of  commissioner  of  schools    35 

To  fill  vacancies  in  other  offices 35 

Vacancy  in  office  of 35 

MEMORIAL  DAY: 

Estimate  of  expenditures  for 3^ 

Estimate  of  money  for 39 

MIDWIFE  EXAMINERS,  BOARD  OF.  188 

Appointment  of  examiners 30 

Estimate  of  money  for 39 

Examinations  and  certificates 188 

License  to  practice  midwifery 188- 

Penalty  for  practicing  midwifery  without  license 189 

Powers  of  midwife 18S 

Qualifications  of  examiners 30 

Revocation  of  license 189 

Salary^of  examiners 32 

Term_of  office  of  examiners 31 

Vacancy  in  office  of  examiners 3o 


2:^0 

MINUTES  OF  COMMON  COUNCIL: 

To  lie  [iriiitcil,  distributed  and  bound 45 

MISDEMEANOR: 

Jurisdiction  of  police  court  in  casi^  of 161 

Officer  cxceediiig  appropriation  is  guilty  of.  .  33 

To  interfere  witli  water  works  property 107 

To  practice  midwifery  witliout  license 189 

To  sell  lands  without  filing  map  of  subdivision  witli  assessors...  .  89 

To  .sell  supplies  furnished  by  department  of  charities 132 

MONROE  COUNTY: 

To  pay  expenses  of  punishing  offenders  against  state  law 166 

MONROE  COUNTY  SURROGATE'S  COURT: 

Decree  of  judicial  settlement  not  to  l)e  made  without  appearance 

of  city,  when  taxes  are  due 153 

MONROE  COUNTY  PENITENTIARY: 

( lontineineiit  in 164 

MOUNT  HOPE  COMMISSION:  183 

Apjiointment  of  commissioners 30 

Appointment  of  superintendent 183 

Board  of  estimate  and  appcraonment  not  to  make  annual  esti- 
mate for 39 

Comptroller  has  investment  and  management  of  fvmds  of 69 

Deeds  of  Mount  Hope  cemetery  lots 185 

Duties  of  superintendent  and  subordinates 184 

Excepted  from  powers  and  duties  imposed  upon  commissioner  of 

public  works 102 

Excepted  from  provisions  relating  to  city  engineer 110 

Mount  Hope  cemetery  exempt  from  local  assessments 85 

Mount  Hope  property  exempt  from  execution 186 

Not  governetl  by  provisions  relating  to  board  of  contract  and 

supply 100 

Not  required  to  make  estimate  of  expenditures 34 

Perpetual  contract  fund ' 185 

Powers  and  duties  of 182 

Power  to  hold  lots  in  trust 186 

Power  to  order  work  and  purchase  supplies 184 

Qualifications  of  commissioners 30 

Repair  fund 185 

Special  section  fund 186 

Term  of  office  of  commissioners 31 

To  approve  of  investment  of  Mount  Hope  funds 69 

Unexpended  balance  of  revenues  from  Mount  Hope  cemetery  not 

to  be  placed  in  sinking  fund 70 

Vacancy  in  office  of  commissioner 35 

MUNICIPAL  COURT:  166 

Account  or  instrument  for  payment  of  money 171 

Action  to  recover  taxes   upon   personal   property   may   be   com- 
menced in 1-19 


237 

MUNICIPAL  COURT  :— Continued 

Adjournment 173 

Amendment  to  pleadings 172 

Answer 171 

Appeals  from  judgments  of 

See  Code  of  Civ.  Pro    §§3226,3227 

Arrest,  attachment  and  replevin 170 

Bastardy  proceedings 174 

Bill  of  particulars 172 

Commission 1 73 

Complaint 1 70 

Confession  of  judgment 179 

Constables 182 

Costs  and  fees 1 76 

Demand  for  jurj^  trial 175 

Demurrer 171 

Drawing  jury 176 

Election  of  judges  of 30 

Estimate  of  monej'^  for 39 

Immaterial  variance  to  be  disregarded 172 

Joinder  of  issue 172 

Judgment  within  ten  days 180 

Judges  of  to  act  as  police  justice 162 

Judges,  term  of  office  of 31 

Judges  to  hold  court 167 

Judicial  notice  of  ordinances 173 

Jurisdiction  of .  .  167 

Offer  of  judgment 178 

Opening  default 179 

Payment  and  account  of  fees 182 

Pleadings 170 

Power  to  punish  for  contempt 180 

Proceedings  on  default 179 

Process 169 

Provisions  of  code  generally  applicable 183 

Qualifications  of  judges  of 30 

Question  of  title  to  real  property 171 

Salary  of  judges  of ; 40 

Summary  proceedings 169 

Term  of  office  of  judges  31 

Transcript  of  judgment 180 

Trial  by  jury 176 

Vacancy  in  office  of  judge. 35 

MUNICIPAL  LAW: 

Provisions  of,  not  to  apply  to  city 195 

NAME  OF  CITY:  1 

NOTES: 

City   authority  of  common  council  to  issue.  50 

City,  power  of  comptroller  to  invest  in 70 


238 

NOTES  :  -ContiiuKMl 

City   form  and  audit  of  claim  for 67 

Payment  of,  for  local  improvements; 73 

NUISANCES: 

Actions  by  city  to  restrain  and  abate 129 

OATHS: 

Administered  by  mayor  when  relating  to  affairs  of  city 37 

Of  commissioners  in  condemnation  proceedings 156 

Of  officers 31 

Of  witnesses  in  condemnation  proceedings 1.56 

To  be   administered   by  commissioner  of  charities   and   subordi- 
nates   132 

OBSTRUCTIONS: 

Cit}'  not  barred  by  lapse  of  time  from  removing 104 

May  be  removed  by  commissioner  of  public  works 104 

OFFICERS:  29 

Appointed  by  board  of  education 134 

Appointed  by  Mount  Hope  commission 183 

Appointed  by  park  commission Ill 

Appointive 30 

Appointment  ijy  board  of  education  of  truant 134 

Appointment  by  commissioner  of  public  safety  of  probation 114 

Appointment  by  police  justice  of  probation 165 

Certificate  of  appointment  of 31 

Charges  against 34 

Charges  against,  and  trial  of  health  officer 127 

Charges  against,  and  trials  of  policemen  and  firemen 116 

Complaints  against,  to  be  examined  into  by  mayor 37 

Duties  of,  may  be  regulated  by  common  council   53 

Election  of 35 

Elective 30 

Exceeding  appropriation  is  guilty  of  misdemeanor 33 

Failure  to  file  oath  or  undertaking  vacates  office 31 

Heretofore  appointed  or  elected  for  definite  term  remain  in  office  192 

Investigation  of;  by  common  council 53 

Location  of  oflfices  of,  may  be  regulated  by  common  council 53 

Must  not  employ  other  counsel  than  corporation  counsel 147 

Not  to  be  interested  in  contracts  with  city 33 

Not  to  receive  additional  fees  or  compensation 33 

Oath  of 31 

Power  of  board  of  education  to  fill  vacancies  in  offices 135 

Prohibited  from  holding  more  than  one  office 34 

Qualifications  of 30 

Qualifications  of  health  officer 126 

Qualifications  of  policemen  and  firemen 116 

PiCgulation  of  duties  of.  by  common  council 53 

Removal  of 34 

Resignation  of 35 


239 

OFFICERS  :— Continued 

Salaries  of ,  to  be  fixed  by  board  of  estimate  and  apjK)rtionment  40 

Suspension  and  removal  of,  by  board  of  education .  142 

Tenure  of  office  of  health  officer 114 

Tenure  of  office  of  chief  of  police 114 

Tenure  of  office  of  policemen  and  firemen 116 

Terra  of 31 

Undertaking  of 31 

Vacancy  in  office 35 

OFFICIAL  PAPERS: 

Designation  of 44 

Park  commssion  to  publish  notice  for  bids  in 112 

Proceedings  of  board  of  education  to  be  published  in 135 

ORDINANCE: 

Amendment  of 62 

Approval  or  disapproval  of;  by  mayor 63 

As  evidence 64 

Engrossment  of 63 

For  preservation  of  life  and  health 127 

Heretofore  passed  not  inconsistent  with  charter  remain  in  force. .  192 

Injunction  to  restrain  violation  of 64 

Judicial  notice  of,  by  municipal  court 173 

Judicial  notice  of;  by  police  court 162 

Jurisdiction  of  police  court  to  try  complaints  for  violations  of 161 

Passage  of 62 

Penal 54 

Prosecutions  for  violations  of 162 

Record  of 64 

To  be  published 45 

See  Common  Councfl. 

OVERSEER  OF  THE  POOR: 

Appointment  and  duties  of 131 

PAPERS: 

Designation  of  official 44 

Park  commission  to  publish  notice  for  bids  in 112 

Proceedings  of  board  of  education  to  he  pul)lishe(l  in  oHicial 135 

PARKS,  DEPARTMENT  OF:  110 

Appointment  of  commissioners  of 30 

Contract  made  by  park  commission  for  work  or  .su|)pli('s 111.112 

Estimate  for 39 

Excepted  from  powers  and  fluties  inifjosod  upon  connnis.sioner  of 

public  works 102 

Excepted  from  provisions  of  article  in  relation  to  ilt'p.-iitmcnt  of 

engineering 110 

License  of  hacks  for  use  in  public  parks 112 

Not  governed  by  provisions  relating   to    board    of   contract    and 

supply 1 00 


240 

PARKS,  DEPARTMENT    OF:     (  out  inn. -i 

I'luk  foniiiiissioii ...Ill 

Park  sinking  fund 72 

Powers  and  duties  of  park  coniniission Ill 

Power  of  connnon  council  to  establish  small  parks  as  playgrounds  50 

Power  to  lease 112 

Power  to  order  work  and  purchase  supplies Ill 

Qualifications  of  commissioners 30 

Streets  and  roads  in  parks Ill 

Streets  in  parks  are  not  public  highways Ill 

Superintendent  of  parks Ill 

Supplies  and  materials,  purchase  of  by  park  commission Ill 

Railroads  and  telephone  lines  through  parks 112 

Term  of  commissioners  of 31 

Vacancy  in  office  of  commissioner 35 

PARTICULARS: 

Bill  of,  in  municipal  court 172 

PAVEMENT: 

Designation  of  kind  of 97 

Material  petitioned  for,  must  be  specified  in  final  ordinance 58 

Petition  for,  by  property  owners 58 

See  Improvement. 

PAWNBROKERS: 

General  act  relating  to,  not  to  apply  to  city 194 

Power  of  common  council  to  regulate 46 

PEDDLERS: 

Power  of  common  council  to  regulate 46 

PENAL  ORDINANCES: 

For  preservation  of  life  and  health 127 

Injunction  to  restrain  violation  of 64 

Judicial  notice  of,  by  police  and  municipal  courts 162,173 

Jurisdiction  of  municipal  court  in  action  for  penalty 168 

Power  of  common  council  to  pass 54 

Prosecution  in  police  court  for  violation  of 161 

Publication  of 54 

See  CoiiMox  Couxcil;  Ordinance. 

PERQUISITES: 

Received  l)y  officer  belong  to  city 33 

PENSION  FUND: 

Fire 123 

Pohce lis 

Teachers' IM- 
PERSONAL INJURIES: 

City  not  lial)le  for  when  cau>ed  by  snow  or  ice  without  previous 

notice 103 

Claim  and  action  for 192 


241 

PERSONAL  PROPERTY: 

liought  or  sold  \)y  city    officers  and  employees  not  to  be  inter- 
ested in 34 

City  may  acquire  or  accept 1 

Claim  and  action  for  damages  to 192 

Collection  of  taxes  heretofore  levied  upon 152 

Collection  of  taxes  upon 149 

Sale  of 50 

T^sed  for  educational  purposesunder  control  of  board  of  education  153 

PHYSICIANS: 

Appointment  and  duties  of  city 129 

PIPES: 

Laying  of  sewer  pipes  in  streets  and  liighwaj's 104 

Laying  of  water  pipes  in  streets  and  highways 106 

Power  of  common  council  to  regulate  laying  in  and  under  streets  47 

Tapping  of  water  pipes  prohibited ~ 107 

When  water  pipes  may  be  extended  beyond  city  limits 107 

PLANS  FOR  BUILDINGS  AND  STRUCTURES: 

Power  of  common  council  in  regard  to 46 

PLAYGROUNDS:' 

Board  of  education  to  supervise  and  maintain 134 

Power  of  common  council  to  establish 50 

To  be  established  by  common  council 134 

PLEADINGS: 

Amendment  to,  in  numicipal  court 172 

In  municipal  court 170 

PLUMBERS: 

Examining  board  of 

See  §40,  General  Cities  Law,  Laws  1900,  Chap.  327 

POLES: 

May  not  be  constructed  in  parks  without  permission 112 

Power  of  common  council  to  regulate  erection  of 47 

Power  of  common  council  to  regulate  erection  of  wires  on 47 

POLICE  BUREAU:  115 

Appointment  and  term  of  chief  of  police 114 

Appointment  of  policemen 116 

Appointment  of  special  policemen  by  mayor 38 

Charges  and  trials  of  policemen 116 

Compensation  for  loss  and  injury 116 

Estimate  of  money  for 39 

Exemption  from  military  and  jury  duty 117 

Grading  and  increase  of  police  force  by  common  covmcil 53 

Police  force  to  remain  as  constituted .  115 

Police  pension  fund 118 

Political  activity  prohibited 118 

Power  of  commissioner  to  retire  policemen 120 


242 

POLICE  BUREAU  :  -( 'oiitinufMl 

I'owcr  of  mayor  over  police  force  in  case  of  riot 38 

Powers  and  duties  of  chief  of  police 115 

Powers  and  duties  of  policemen 117 

Powers  of  fire  marshal  may  be  delegated  to  policeman 130 

Qualifications  of  policemen 116 

Rules  for  police  force 115 

Service  of  process  by  policemen 118 

Tenure  of  office  of  policemen 116 

Under  control  of  commissioner  of  public  safety 114 

POLICE  COURT:  160 

Children's  court 162 

Confinement  in  Monroe  County  penitentiary 164 

Demand  for  jury  trial 163 

Election  of  police  justice 31 

Expense  of  punishing  offenders  against  state  law 166 

Estimate  of  money  for 39 

Judicial  notice  of  ordinances 162 

Jurisdiction  of 161 

Jury  trial 163 

Police  court  attendant 165 

Police  court  c'erk  and  assistants 164 

Power  to  sentence 164 

Powers  and  jurisdiction  of  police  justice 161 

Probation  officers 165 

Property  to  be  held  as  evidence 166 

Prosecutions  for  violations  of  ordinances 162 

Qualifications  of  police  justice 30 

Removal  of  cases  to  grand  jury 163 

Salary  of  police  justice 40 

^  Sale  of  unclaimed  articles 165 

Stolen  property 166 

Term  of  office  of  police  justice 31 

To  be  held  by  police  justice 161 

Vacancy  in  office  of  police  justice 35 

When  judges  of  municipal  court  may  hold IGl 

POLICE  PENSION  FUND:  118 

Comptroller  has  direction  and  management  of 70 

PajTnents  from 74 

Treasurer  is  custodian  of 74 

POOR: 

Appointment  and  duties  of  overseer  of 131 

Liability  of  city  for  support  of   limited 132 

Support  and  relief  of 131 

PRESIDENT^OF^COMMON  COUNCIL: 

Becomes  mayor  in  case  of  vacancy 35 

Election  of 30 


243 

PRESIDENT  OF  COMMON  COUNCIL  :— Continued 

Member  of  board  of  estimate  and  apportionment 38 

Powers  and  duties  of 43 

Qualifications  of 30 

Salary  of 32 

Term  of  office  of 31 

When  acting  mayor 36 

Vacancy  in  office  of 35 

PROBATION  OFFICERS: 

Appointment  and  duties  of 114 

Appointment  of,  by  police  justice 165 

PROCEEDINGS: 

Bastardy 174 

Condemnation 153 

Corporation  counsel  must  appear  for  city  or  its  officers 146 

Of  board  of  education,  publication  of I35 

Of  common  council^  publication  of 45 

Place  of  trial  of.  against  city I93 

Summary 169 

To  vacate  or  reduce  local  assessment 89 

PROCESS: 

Issued  by  municipal  court 169 

Service  of.  by  policeman US 

PROJECTIONS: 

Over  public  streets 50 

PUBLIC  ACT: 

Charter  is 194 

PUBLIC  HEALTH  LAW: 

Applicable  to  city  of  Rochester 130 

PUBLIC  INSTRUCTION,  DEPARTMENT  OF:  132 

Adoption  of  rules 135 

Annual  report  to  state  superintendent 135 

Annual  report  to  the  common  council 136 

Appointment  of  employees 135 

Appointment  of  examiners 134 

Appointment  of  janitors  and  truant  officers 134 

Appointment  of  ofP-cers  and  employees 134 

Appointment  of  school  principals  and  teachers 134 

Appointment  of  secretary 134 

Appointment  of  superintendent  of  schools 134 

Appointment  of  supervising  architect 134 

Board  of  education 133 

Board  of  examiners 140 

Changing  grades  and  courses  of  study 134 

Common  council  may  direct  sale  of  school  property 14"_' 

Condemnation  proceedings  for  acquisition  of  real  estate 154 

Contracts  for  construction  of  school  buiklings  exceeding  one  year  137 


244 

PUBLIC  INSTRUCTION,  DEPARTMENT  OF:     (  untinuc.l 

Contracts  for  work  and  supplies 130 

Custody  of.  and  payments  from,  toachors'  rctin'mciit   fund 74 

Custody  of  libraries 138 

Duties  of  .secretary 1 38 

Duties  of  supervising  architect — 140 

Election  of  commissioners  of  schools 'iO 

Emergency  repairs l'-i~ 

Establishment  of  schools 1 34 

Estimate  of 34 

Estimate  of  money  for 39 

Excepted  from  powers  and  duties  imposed  upon  commissioner  of 

public  works .' 102 

Filling  of  vacancies 135 

Fixing  qualifications  of  teachers 134 

General  duties 133 

High  school  sinking  fund 72 

Issue  of  bonds  for  purpose  of ol 

License  of  teachers 134 

Meetings  of  board 132 

Not  governed  by  provisions  relating  to  board  of  contract   and 

supply 100 

Non-resident  pupils 135 

Ordinance  for  acquisition  of  real  estate  for 49 

Permanent  appointment  of  principals  and  teachers 142 

Power  of  board  of  estimate  and  apportionment  in  relation  to 

annual  funds  for 39 

Power  of  common  council  in  relation  to  annual  estimate  of  funds 

for 55 

Powder  to  fix  salaries 135 

Powers  and  duties  of  superintendent 139 

Powers  of  principals 140 

Provision  for  social  improvement 134 

Public  schools  free 142 

Publication  of  proceedings 135 

Purchase  of  school  property  and  supplies 134 

Qualifications  of  commissioners  of  schools 30 

Qualifications  of  examiner 140 

Qualifications  of  principals  and  teachers 141 

Qualifications  of  superintendent 138 

Report  as  to  teachers'  retirement  fund 136 

Salary  of  commissioners  of  schools 32 

School  sinking  fund 72 

Supervision  and  maintenance  of  playgrounds 134 

Suspension  and  removal  of  officers  and  employees 142 

Teachers'  retirement  fund 142 

Teachers'  retirement  fund,  management  of 70 

Term  of  office  of  commissioners  of  schools 31 

Vacancy  in  office  of  commissioner  of  schools 35 


245 

PUBLIC  SAFETY,  DEPARTMENT  OF:  112 

Actions  to  restrain  nuisances 129 

Appeal  from  order  of  health  officer 128 

Appointment  of  commissioner  of l-'^O 

Appointment  by  commissioner  of  probation  officers 114 

Appointment  of  policemen  and  firemen 116 

Appointment  of  secretary 114 

Approval  of  plans  for  sewers  and  drains 129 

Buildings  used  by,  not  under  control  of  city  engineer 110 

Bureau  of  buildings 130 

Charges  and  trials  of  health  officer  and  subordinates 127 

City  physicians 129 

Commissioner  has  powers  of  board  of  health 127 

Commissioner  of  public  safety  is  head  of 112 

Custody  of  and  payments  from  police  and  fire  pension  funds 74 

Duty  in  case  of  peril  to  public  health 129 

Emergency  repairs  of  fire  apparatus 100 

Estimate  of  money  for •^■' 

Exemption  of  policemen  and  firemen  from  military  and  jury  duty  117 

Fire  bureau ^^^ 

Fire  pension  fund • 123 

Grading  of  police  and  fire  force  by  common  council 53 

.    Health  bureau ^26 

Health  districts ^29 

Health  officer 1^6 

Increase  in  police  and  fire   force  to  be  determined  by  common 

council   and  approved  by  board  of  estimate  and  apportionment  53 

Inspection  of  public  Iniildings 128 

Police  bureau ^ 

Police  pension  fund 

Political  activity  of  policemen  prohibited 118 

Power  of  commissioner  over  police  force  in  case  of  riot  or  insur- 

,•                                                                                38 

rection ••• 

Power  of  commissioner  to  retire  firemen a-^-* 

Power  of  commissioner  to  retire  policemen 120 

Powers  and  duties  of  chief  of  fire  force ■  •  ■  •  H^ 

Powers  and  duties  of  chief  of  police 11» 

Powers  and  duties  of  commissioner 114 

Powers  and  duties  of  fire  marshal 13^ 

Powers  and  duties  of  policemen H' 

Powers  and  duties  of  secretary ^ 

Powers  of  fire  marshal  may  be  delegated J^JJ 

Public  health  law  applicable 

Qualifications,  tenure  of  office,  and  charges  and  trials  of  police- 
men and  firemen,  and  compensation  for  loss  and  injury 110 

Rules  for  police  and  fire  force  and  composition  thereof 115 

Service  of  process  by  policeman 

When  commissioner  permitted  to  exceed  appropriation 3.S 


24f) 

PUBLIC  SCHOOLS:  132 

See  Public  Instructkik   Department  of. 

PUBLIC  WORKS,  DEPARTMENT  OF:  101 

Abandoncil  street 103 

Appointment  of  commissioner 30 

Appointment  of  deputy  commissioner 101 

Appointment  of  subordinates 101 

Authority  of  commissioner  to   grant  licenses  for  encroachment 

upon  street 50 

Claim  for  damages  caused  by  change  of  grade  or  discontinuance 

of  street,  to  be  presented  to  commissioner G2 

Commissioner  has  direction  and  control  of  water  bureau 105 

Commissioner  is  head  of 101 

Commissioner  is  member  of  board  of  contract  and  supply 95 

Commissioner  may  agree  upon '  amount   of   damages   caused   by 

change  of  grade  or  discontinuance  of  street 02 

Commissioner  to  purchase  real  estate 48 

Duty  of  commissioner  in  relation  to  supply  of  water 105 

Duty  of  commissioner  to  file  expense  of  repair  and  cleaning  with 

assessors 103 

Estimate  of  money  for 39 

Installation  of  water  meters 105 

Interference  with  water  works  property 107 

No  person  or  corporation  to  distribute  water  without  franchise  108 
Notice  of  snow  and  ice  must  be  given  to  commissioner  or  city  not 

liable 103 

Power  of  commissioner  to  enter  upon  streets  for  construction  or 

repair  of  sewers 104 

Power  of  commissioner  to  enter  upon  streets  for  laying  water  pipes  106 

Power  of  commissioner  to  repair  and  clean  sidewalks 102 

Power  of  common  council  as  to  construction  of  pablic  works.  ...  56 

Powers  and  duties  of  commissioner 102 

Power  to  remove  encroachments  and  obstructions 104 

Purchase  of  lands  by  commissioner 105 

Statement  for  water  frontage  tax 108 

Statement  of  unpaid  water  rates 108 

Streets  by  prescription 104 

Tapping  water  pipes  prohibted 107 

Term  of  office  of  commissioner 31 

QUALIFICATIONS: 

Of  examiners  appointed  by  board  of  education 140 

Of  health  officer 126 

Of  officers  generally 30 

Of  policemen  and  firemen 116 

Of  principals  and  teachers 141 

Of  superintendent  of  public  schools 13S 

QUORUM : 

<  )f  conniion  council 45 


247 

RAILROADS : 

Gross  receipts  paid  by  street,  to  be  placed  in  sinking  fund 70 

Power  of  common  council  to  regulate  operation  and  speed  of  loco- 
motives and  cars  of 47 

Prohibited  in  parks 112 

Street  surface  railwaj' not  relieved  from  existing  obligations 194 

REAL  ESTATE: 

Acquisition  of 48 

Action  to  collect  taxes  upon 151 

Bought  or  sold  by  city,  officers  and  employees  not  to  be  inter- 
ested in 34 

City  may  take  possession  of  during  condemnation  proceedings.  .  .  .  158 

Claim  and  action  for  damages  to 192 

Collection  of  taxes  heretofore  levied  upon 152 

Condemnation  proceedings  not  affected  by  transfer  after  filing  of 

map 156 

Common  council  may  direct  sale  of  school  property 142 

Condemnation  proceedings  to  acquire 153-160 

Deeds  of,  to  be  delivered  to  assessors  before  recording 88 

Foreclosure  of  tax  lien  upon 149,150 

Lease  of 49 

Lease  of,  by  market  commissioners 187 

Lease  of,  by  park  commission 112 

Liable  to  local  assessment 85 

Lien  of  taxes  and  assessments  upon 87 

Manner  of  acquiring  for  water  works  purposes 107 

Maps  of  subdivisions  of,  to  be  filed  with  assessors 88 

May  be  acquired  by  city  in  condemnation  proceedings 160 

May  be  directed  to  be  acquired  in  ordinance  for  local  improvement  49 

Ordinance  for  j^urchase  of 48 

Power  of  board  of  education  to  purchase 134 

Power  of  city  to  acquire,  for  water  supply l()(i 

Power  of  city  to  receive  or  acquire 1 

Publication  of  list  on  which  taxes  remain  unpaitl 77 

Purchase  of  by  commissioner  of  public  works 105 

Question  of  title  to,  in  municipal  court 171 

Sale  of 49 

Sale  of,  upon  tax  foreclosure  cannot  be  attacked  after  one  year. . . .  153 

Taxation  of 82 

Used  for  educational  purposes  under  control  of   board   of   educa- 
tion   133 

^ATien  title  vests  in  city  under  condenuiation  proceedings 159 

REPAIRS: 

Emergency 100 

Emergency,  to  school  buildings 137 

REPEAL: 

Effect  of  repeal  of  laws  by  charter 195 

Of  certain  laws 196 

Of  inconsistent  laws 186 


248 

REPLEVIN: 

111  actions  ill  muiiiciiKil  <'()iirt ...  170 

REPORTS: 

Annual 34 

Annual,  of  board  of  education  to  common  council 136 

Annual,  of  board  of  education  to  state  superintendent 135 

Of  board  of  education  as  to  number  of  pupils 136 

Of  connnissioners  in  condemnation  proceedings,  confirmation  of  157 

Of  departments 34 

Of  market  connnissioners  monthly  to  common  council  187 

Of  connnissioners  in  condemnation  proceedings 157 

RESERVOIRS: 

Power  of  coninion  council  as  to  construction  of 56 

RESIGNATION: 

Of  oHic(>rs 35 

RIOT: 

Powers  of  mayor  in  case  of 38 

RULESJOF  PRACTICE: 

Reference  to,  how  construed 194 

SALARY: 

Additional,  not   to  be  paid 33 

Fixed 31 

To  be  fixed  by  board  of  estimate  and  apportionment 40 

Power  of  board  of  education  to  fix 135 

Power  of  Mount  Hope  commission  to  fix 183 

Power  of  park  commission  to  fix Ill 

Supervisors' 190 

SALE: 

Of  franchise 48 

Of  personal  property 50 

Of  property  by  collectors  of  taxes 77 

Of  real  estate 49 

Of  real  estat »  on  tax  foreclosure  cannot  be  attackeil  after  one  year.  153 

Of  school  property 142 

Of  unclaimed  articles  in  police  court 165 

To  or  by  city,  officers  and  employees  not  to  be  interested  in 34 

SCHEDULE  OF  LAWS  REPEALED:  196 

SCHOOL  COMMISSIONERS: 

Kicction  of 31 

Powers  and  duties  of 1 32 

Qualifications  of 30 

Salary  of 32 

Term  of  office  of  31 

Vacancy  in  office  of 35 

See  Public  IxsTRrcTiox.  Departmext  of. 


249 

SEAL: 

City  clerk  has  custody  of 44 

Power  to  adopt 1 

To  be  affixed  to  deeds  and  contracts ;i7 

To  be  affixed  to  mayor's  warrant  for  collection  of  taxes S4 

SEALER  OF  WEIGHTS  AND  MEASURES:  109 

See  Weights  and  Measures,  Bureat'  of. 

SEWERS: 

Approv'al  of  plans  for 129 

Assessment  for  east  side  trunk  sewer 59 

Contracts  for,  may  not  be  let  until   plans  a[)proved  by  health 

officer 129 

Disposal  plants  for,   power  of  common  council   to  require   con- 
struction of 57 

Duty  of  city  engineer  in  regard  to 110 

May  be  laid  in  streets  and  highways 104 

Power  of  commissioner  of  public  works  over 102.104 

Power  of  common  council  to  require  construction  and  repair  of  57 

SINKING  FUND: 

(^ommon  council  may  create 51 

Comptroller  has  investment  and  management  of 70 

General 70 

General,  application  of  moneys  in 71 

Hemlock  lake  watershed 71 

High  school 72 

Local  improvement  fund 73 

Market  revenues  to  be  applied  to 187 

Park 72 

Public  market 72 

School 72 

Water 71 

AVater  distributine 71 

SMOKE: 

Power  of  common  coiuicil  to  regulate 46 

SNOW  AND  ICE: 

Duty  to  remove 103 

No  liability  for  accident  caused  by,  unless  written  notice  has  been 

given 103 

SPECIFICATIONS: 

For  public  improvement 96 

Preparation  of,  for  pavements 97 

To  lie  prepared  by  city  engineer 110 

SPEED  OF  VEHICLES: 

Power  of  common  council  to  regulate 46 

STATE  LANDS: 

Assessment  of,  governed  by  2)ublic  lands  law 87 


250 

STATIONARY  ENGINEERS,  BOARD  OF   EXAMINERS  OF:  189 

Appointment  of  exaniincis 30 

Estimate  of  money  for 39 

Powers  and  duties  of  examiners 189 

Qualifications  of  examiners 30 

Term  of  examiners 31 

Vacancy  in  office  of  examiners 35 

STATUTE  OF  LIMITATIONS: 

In  actions  against  city  for  injuries  to  person  or  property 193 

Not  a  defense  against  taxes,  local  assessments  or  water  rates 153 

Not  affected  by  repeal  of  law 195 

STATUTES: 

Reference  to,  how  construed 194 

STATUTORY  CONSTRUCTION  LAW: 

Charter  to  be  construed  in  accordance  with  pro\'isious  of 194 

STRAW: 

Power  of  common  coimcil  to  regulate  selling  of 4G 

STREETS: 

Alteration  of  grade 02 

Alteration  of  name G2 

By  prescription : 104 

City  not  barred  by  lapse  of  time  from  removing  encroachments.  .  104 
City  not  liable  for  injury  caused  by  snow  or  ice  upon,  without 

written  notice 103 

Definition  of 193 

Discontinuance  of 62 

Encroachments  upon,  may  be  removed 104 

Laying  of  water  pipes  in 106 

Ordinance  authorizing  encroachment  upon 50 

Power  of  commissioner  of  public  works  over 102 

Power  of  commissioner  of  public  works  to  enter  upon  for  con- 
struction or  repair  of  sewers 104 

Power  of  common  council  to  grant  franchises  to  use 47 

Power  of  common  council  to  regulate  erection  of  poles  and  wires 

in 47 

Power  of  common  council  to  regulate  laying  of  pipes  in 47 

Power  of  common  council  to  regulate  excavation  of 47 

Power  of  common  council  to  regulate  operation  and  speed  of  loco- 
motives and  cars  upon 47 

Power  of  common  council  to  regulate  vehicles  upon 46 

Power  of  common  council  to  require  alteration,  widening  and  dis- 
continuance of 57 

Power  of  common  council  to  require  improvement  of 57 

Power  of  common  council  to  require  numbering  of  buildings  on.  .  57 
Power  of  common  coiuicil  to  require  wires  to  be  ]ilaced  under- 

sround 47 


251 

STREETS :— font  inued 

Procedure   to    assess   damages   for    discontinuance  or  change  of 

grade  of 159 

Repair  and  cleaning  of  sidewalks  on 102 

^Mien  deemed  abandoned 103 

SUBPOENA: 

Issued  by  commissioner  of  public  safety 11" 

Issued  by  commissioners  in  condemnation  proceedings 156 

Issued  by  common  council 53 

Issued  by  municipal  court 169 

SUE  AND  DEFEND: 

Power  of  city  to 1 

SUPERVISOR: 

Election  of 30 

Powers,  duties  and  compensation  of 190 

Qualifications  of •  •  ■  30 

Vacancy  in  office  of 35 

SUMMARY  PROCEEDINGS:  169 

SUMMONS: 

Issued  by  municipal  court 169 

SUPPLEMENTARY  PROCEEDINGS: 

To  collect  taxes  heretofore  levied 152 

To  collect  taxes  upon  personal  property 149 

To  collect  taxes  upon  real  property 151 

SUPPLIES  AND  MATERIALS: 

Annual  contracts  for 100 

Definition  of 194 

Purchase  of,  by  board  of  education 136 

Purchase  of,  by  Mount  Hope  commission 184 

Purchase  of,  by  park  commission Ill 

Purchase  of,  over  $250  in  value 95 

Purchase  of,  under  $250 99 

SURROGATES  COURT: 

Decree  of  judicial  settlement  not  to  be  niiule  witlioiit  appearance 

of  city 153 

TAX: 

Actions  and  proceedings  to  collect 149-153 

Apportionment  of 87 

Collection  of,  by  city  treasurer 75 

Collectors'  sales  and  notice 77 

Confirmation  of  rolls 55,56 

Constitutes  personal  obligation 84 

Correction  of  errors  in,  and  re-assessment  of 61 

County 90-94 

Definition  of 194 

Disposition  of  surplus  on  collectors'  sales 77 


252       / 

TAX: — Continued 

Heretofore  levied,  how  collected 151 

Items  added  thereto  to  bo  collected  as  a  part  thereof 78 

Levy  of  annual 56 

Levying  of  annual,  by  common  council. 55 

Lien  of 87 

On  city  property,  claim  for 69 

Power  of  board  of  estimate  and  apportionment  to  cancel  or  remit  41 

Preparation  of  annual  rolls  for 81 

Publication  of 77 

Publication  of  unpaid 75 

Rate  of  interest  on 75 

Statute  of  limitations  not  a  defense 153 

Tax  budget 55 

Time  to  attack  sale  of  real  estate  under  tax  foreclosure  limited  to 

one  year 153 

To  be  deducted  from  aw'ard  in  condemnation  proceediugs 159 

To  be  paid  before  estate  is  settled 153 

To  have  preference  over  all  other  claims 152 

Unpaid  local  assessments  to  be  added  to 80,82,83 

Upon  city  property,  not  to  be  paid  until  claim  presented 69 

Validated 88 

Warrant  for 76 

See  Assessment;  Assessment  and  taxation,  Department  of; 

Treasurer. 

TEACHERS'  RETIREMENT  FUND:  142 

Comptroller  has  management  of 70 

Payments  from 74 

Treasurer  is  custodian  of 74 

TEMPORARY  SALES: 

Power  of  common  council  to  regulate 46 

TENEMENT  HOUSE  ACT: 

Provisions  of,  not  to  apply  to  city 195 

TERMOF  OFFICE: 

Of  appointive  officers 31 

Of  chief  of  fire  force 114 

Of  chief  of  police  force 114 

Of  elective  officers 31 

Of  firemen 116 

Of  health  officer 114 

Of  officers  heretofore  appointed  or  elected 192 

Of  policemen 116 

TIME: 

Wlien  charter  to  take  effect 196 

TITLE: 

To  real  estate,  question  of  in  municipal  coiu't 171 


253 

TREASURER: 

Appointment  of  dcjnity 73 

Accounts  with,  to  be  kept  by  comptroller 73 

Books  of,  have  to  be  examined  by  comptroller 73 

Deposits  and  accounts  of  money 74 

Duties  and  powers  of 73 

•  Election  of 30 

Estimate  of  money  for 39 

May  issue  warrants  for  local  assessments 79 

May  receive  taxes  without  all  of  the  amount  added  thereto 78 

Member  temporarily  of  board  of  estimate  and  apportiormient 38 

Moneys  collected  by  corporation  counsel  to  be  paid  to 147 

Moneys  received  upon  sale  of  unclaimed  articles  to  be  delivered 

to   police  clerk 165 

Moneys  to  be  drawn  on  check  signed  by  treasurer  and  counter- 
signed by  comptroller 74 

Qualifications  of 30 

Revenues  of  market  to  be  deposited  with 187 

Salary  of 32 

Term  of  office  of 31 

To  collect  annual  taxes 84 

To  collect  taxes 75 

To  collect  interest  on  overdue  local  assessments 79 

To  countersign  deeds  of  Mount  Hope  cemetery  lots 185 

To  deliver  to  corporation  counsel  a  list  of  unpaid  taxes 78 

To  deposit  moneys  in  banks  designated  by  board  of  estimate  and 

apportionment 74 

To  exhibit  books  to  comptroller 74 

To  insert  local  assessments  in  annual  tax  rolls 84 

DeliA^ery  of  annual  tax  rolls  to 84 

To  issue  warrants  for  unpaid  taxes 76 

To  publish  list  of  land  on  which  taxes  remain  unpaid 77 

To  publish  notice  for  payment  of  local  assessments 79 

To  publish  unpaid  taxes 75 

Vacancy  in  office  of 35 

TRIAL: 

Place  of,  in  actions  against  city 193 

TRUANT  OFFICERS: 

Appointment  of 134 

UNDERTAKING: 

City  not  required  to  give,  in  action  or  proceeding 191 

Contract  and  labor 98 

Guaranteeing  public  work 98 

Indemnifying  city  for  encroachment  upon  street 50 

May  be  required  to  be  submitted  with  bid  for  public  work 96 

Of  officers 31 

Power  of  common  council  to  require  indemnification  of  city 46 

To  be  given  by  city  upon  taking  possession  of  property  dining  con- 
demnation proceedings 158 


254 

UNEXPENDED  BALANCES: 

In  1)('  placed  in  sinking  I'iiikI 70 

VACANCIES: 

In  offices 35 

In  oflico  for  I'ailurc  to  file  oatli  or  undertakiiijj; 31 

VEHICLES: 

Power  of  common  council  to  regulate  operation  of 46 

WARDS: 

Of  city 2 

WATER  WORKS  BUREAU:  105 

Appointment  of  superintendent  of 101 

Collection  of  water  rates  heretofore  charged 152 

Duty  of  city  engineer  in  regard  to  water  works. 110 

Emergency  repairs  to  water  works 100 

Estimate  of  money  for 39 

Extension  of  water  mains  beyond  city  limits 107 

Hemlock  lake  watershed  sinking  fund 71 

Installation  of  water  meters 105 

Interference  with  property  of 107 

Insertion  of  water  frontage  tax  and  unpaid  water  rates  in  annual 

tax  rolls 82 

Laying  of  water  pipes  in  streets 106 

No  water  to  be  distributed  without  franchise 108 

Power  of  city  to  acquire  real  estate  for 106 

Power  of  commissioner  of  public  works  over  water  works 102 

Powers  and  duties  of  superintendent  of  water  works 105 

Statement  for  water  frontage  tax 108 

Statement  of  unpaid  water  rates 108 

Statute  of  limitations  not  a  defense  against  water  rates 153 

Supply  and  distribution  of  water 105 

Tapping  water  pipes  prohibited 107 

Water  distributing  sinking  fund 71 

Water  frontage  tax 56 

Water  frontage  tax  and  water   rates    collected    in    annual    taxes 

to  be  added  to  water  works  fund 79 

Water  rates  have  preference  over  all  other  claims 152 

Water  rates  to  be  deducted  from  award  in  condemnation  pro- 
ceedings   159 

Water  rates  to  be  fixed 105 

Water  rates  to  be  paid  before  estate  is  settled 153 

Water  sinking  fund 71 

See  Public  Works,  Dep.vrtmext  of. 

WEIGHTS  AND  MEASURES,  BUREAU  OF:  109 

Appointment  of  sealer 101 

Appointment  of  subordinates  of  sealer 109 

Estimate  of  money  for 39 

Power  of  common  council  to  regulate  inspection  anil  sealing  of 

weights  and  measures 46 

Powers  and  duties  of  sealer 109 


255 

WIRES: 

Power  of  common  council  to  regulate  erection  of 47 

Telegraph  and  telephone,  may  not  be  constructed  in  parks  witli- 

out  permission 1 1'^^ 

WITNESSES: 

Commissioners  in  condemnation  proceedings  may  subpoena 150 

Commissioner  of  public  safety  m  ly  subpoena 117 

Common  council  may  subpoena 53 

Inhabitant  may  be  witness  in  action  in  which  city  is  interested...  191 

Mayor  may  administer  oath  to .  37 

Municipal  court  may  subpoena 169 

Not  to  be  excused  from  testifying 191 

WORDS: 

Definition  of 193 

YEAR: 

Fiscal 60 


This  book  is  DUE  on  the  last  date  stamped  below 


AA    000  994  602    i 


UNIVERSITY  of  CALIFORNIA 

LUS  ANGELES 
LIBRARY 


